LGPD vs GDPR: What are the Key Similarities and Differences
In this article, we explore how LGPD compares with GDPR.
Brazil approved the General Data Protection Law (LGPD) on 14th August 2018, in a move that has been termed as being inspired by the European Union’s implementation of the General Data Protection Regulation (GDPR) on 25th May 2018. The new law is expected to substitute and complement current legal practices by overseeing the handling and use of personal information by both the public and private sectors. The LGPD is scheduled to come into effect on 15th August 2020.
With this in mind, let us explore how LGPD compares with GDPR.
Key Similarities between LGPD and GDPR
Territorial Scope
Both LGPD and GDPR apply to any individual or business that processes personal data within their respective jurisdictions, which are Brazil and the European Union, irrespective of where this processing is conducted.
Data Subject Access Requests
Similar to the European Union, data subjects in Brazil are allowed to request access to their information, in addition to having the right to be forgotten under the LGPD.
Data Protection Officers
The GDPR provides for the appointment of a DPO when;
- You are a public entity
- Your primary processes involve large scale, regular, and organized monitoring of persons
- Your core activities comprise large scale processing of unique information classifications connected to criminal prosecutions and offenses
In the event that your company does not engage in such activities, Article 29 of GDPR recommends the appointment of a DPO, regardless, as corporate best practice.
LGPD also requires businesses to appoint a DPO to oversee their data processing activities.
Take a look at the 2022 LGPD updates.
Key Differences between LGPD and GDPR
Legal Bases for Data Processing
Under GDPR, your company is subject to six legal bases. They include;
- Explicit consent
- Public task
- Legal responsibility
- Legitimate interest
- Contract performance
- Vital interest
On the other hand, LGPD has four additional bases, expanding the number to 10. The bases in question are;
- Consent
- Contractual performance
- Legal obligation
- Life Protection
- Health Protection
- Legitimate Interest
- Protection to credit
- Public task
- Research by public study entities
- Exercise of privileges in legal proceedings
Take a look at our Data Processing Agreement Guide
Fines
When it comes to penalties for violations, the LGPD appears to be lenient to companies found guilty of malpractices compared to GDPR. Essentially, with GDPR, companies can face fines of up to 4 percent of their yearly revenue or 20 million Euros, whichever is higher.
In contrast, LGPD will penalize companies found to violate this regulation up to 2 percent of their yearly revenue from Brazil or 50 million Brazilian Reals, whichever is higher.
Data Breach Notifications
Although both regulations have made notifications about data breaches compulsory, the requirements are different. On the one hand, GDPR has a stringent 72-hour timeline within which companies are obligated to report to Data Protection Authorities about a breach.
In contrast, LGPD does not provide a definite timeline for breach notifications to be made. Instead, it requires this report to be made within a ‘reasonable’ timeframe.
Learn more about how to become LGPD compliant or GDPR compliant with Secure Privacy.
See what are the LGPD Cookie Banner Requirements.
Download your free LGPD e-book and have it delivered directly into your inbox.

Personalization Without Privacy Violations: Tactics & Tools for GDPR & CCPA Compliance
Your personalization strategy is a privacy violation waiting to happen. While customers demand tailored experiences, personalization privacy compliance has become the make-or-break factor that determines whether your customization efforts build trust or trigger devastating regulatory penalties.
- Legal & News
- Data Protection
- GDPR

First-Party Data Collection & Compliance: Best Practices for GDPR & CCPA in 2025
Your marketing strategy depends on first-party data collection compliance, but navigating the complex web of privacy regulations can feel overwhelming. With GDPR fines reaching €20 million, CCPA penalties expanding under CPRA, and 20+ US states enacting comprehensive privacy laws by 2025, collecting customer data legally has never been more critical—or complicated.
- Legal & News
- Data Protection
- GDPR
- CCPA

Customer Journey Mapping Under GDPR & CCPA: How to Embed Privacy at Every Touchpoint
Your customer journey maps are exposing you to massive privacy violations and regulatory penalties — and you might not even realize it. Most organizations approach customer journey mapping GDPR compliance as an afterthought, failing to integrate privacy requirements into each touchpoint where personal data flows through their customer experience.
- Legal & News
- Data Protection
- GDPR