Brazil’s data protection law: top compliance tips and its extraterritorial scope – Lexology

brazil’s-data-protection-law:-top-compliance-tips-and-its-extraterritorial-scope-–-lexology

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Guidance and top tips on how to comply with Brazil’s data protection law, how it compares with the GDPR and whether its extraterritorial scope is a real or theoretical risk for businesses.   

How to comply with the LGPD

Brazil’s first comprehensive data protection law (LGPD) came into force in August 2020. Organisations (regardless of where they are based) that process personal data of people in Brazil are subject to the regulations of the LGPD.  

The LGPD grants specific rights that give data subjects greater control over their data and how it’s used. Watch this short video on data subject rights under LGPD, which includes some practical considerations and guidance for organisations.

Take a look at how organisations can comply with data breach notification obligations under the LGPD, including practical steps, the timing for notification, challenges and potential enforcement.

Find out more about the initial impact of the LGPD on businesses from the perspective of an in-house counsel by reading this informative inside view.

It’s important for organisations to understand how to securely transfer personal data internationally under the new law. Watch this short video which provides practical tips on international data transfers under the LGPD.

Extraterritorial scope of LGPD: a real or theoretical risk?

Similar to the EU’s General Data Protection Regulation, the LGPD also carries extraterritorial reach in certain circumstances.

There are a number of factors to consider as well as looking at the scope of processing to determine whether your organisation is subject to the LGPD. Watch this short video which provides expert insight on the LGPD’s extraterritorial scope, including whether enforcement against overseas businesses is a real or theoretical risk.

Relevant guidance and resources

Don’t forget to check out the full-text of the LGPD in our primary sources centre, which includes related commentary across Lexology.

For further guidance, check out our comprehensive Q&A guide on Data Protection & Privacy: Brazil.

Find out more about Lexology PRO which provides practical guidance and insight as well as intuitive tools to help you get answers quickly.


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