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.
Key Similarities between LGPD and GDPR
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.
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;
- 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
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.
See what are the LGPD Cookie Banner Requirements.
Download your free LGPD e-book and have it delivered directly into your inbox.
CPRA Data Retention
Unlike other data protection laws, such as the GDPR of the EU, the CPRA does not prevent you from collecting personal data freely without asking anyone. However, it doesn’t allow you to keep it longer than needed. This article will delve into the CPRA requirements for data retention.
CPRA and Employee Data: What You Need to Know
Under the CPRA, employee personal information is any information that could be used to determine who a person is and how they work. California employees have all the same rights guaranteed by the California Privacy Rights Act as any other consumer. Learn all you need to know about CPRA and Employee Data here.
Your users have the right to know what personal information is being collected about them, and they may contact you with a request to get information about how you handle personal information, ask you to delete it, transfer it to another company, or do something similar. Under the CPRA, you are obliged to respond to them. In this article, we explain how to comply with such consumer requests and the CPRA.