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Brazilian Government Makes the LGPD Effective Imminently
Thursday, September 10, 2020
The LGPD, like the EU‘s General Data Protection Regulation ("GDPR") is extraterritorial in scope. The LGPD applies to any company, public or private. This means that it applies to any company located within Brazil, as well as those outside of Brazil that process personal data of individuals residing in Brazil or otherwise marketing goods or services to people in Brazil. Accordingly, any company located in or marketing goods or services to individuals in Brazil should be aware of the LGPD and consider whether any immediate action on becoming compliant with the LGPD is appropriate.
With Brazil representing almost half of all IT spend in Latin America, the largest market for software outsourcing in Latin America, a sizeable workforce providing outsourced software and services, and manufacturing products like commercial airplanes and cars, many U.S. companies operate in Brazil. Thus, for companies that undertook efforts to comply with the GDPR, they will find several similarities between the LGPD and the GDPR. Companies are required to appoint a data protection officer ("DPO") to be the "channel of communication" between the financial controller, the data subjects (e.g., employees) and the National Data Privacy Agency ("ANPD").
The LGPD defines personal data relatively broadly, in that under the LGPD, personal data is any information that is related to an identified or identifiable individual. (Art. 5, I.). Like GDPR, this includes information that could be used to identify an individual,
https://www.foley.com/en/insights/publications/2020/09/brazilian-governmentlgpd-effective-imminently. Acesso em: 14. oct 2020.
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The LGPD defines personal data relatively broadly, in that under the LGPD, personal data is any information that is related to an identified or identifiable individual.
