Monthly Archive February 2021

GDPR vs LGPD: the similarities and diferences

It is likely that you have heard of LGPD or GDPR, and even know the main purpose of the regulation. However, despite having the same basic concept, they also have some differences that you should know, especially if you are operating simultaneously in the European and Brazilian markets.

To help you, we briefly clarify the main SIMILARITIES AND DIFFERENCES between the two regulations.

DescriptionGeneral Data Protection Regulation  General Data Protection Law
Date of entry into force May 25, 2018 August 20, 2020  
WhereEuropean Union  Brazil
Who overseesCNPD (National Data Protection Commission) ANPD (National Data Protection Authority)  
Main Concepts  • Protection of Personal Data (name, email …) • Regulates consumers’ rights and duties of companies regarding data collection and processing • Determines the concept of sensitive personal data  
User guarantees  • More Privacy • Stricter control over your personal information • Greater transparency  
Security MeansThe data must be encrypted and masked in databasesGuidance for keeping data safe (each company defines how to protect it)  
  International ApplicationCompanies that collect, store and use EU citizen data must match the GDPR  • Companies that collect, store and use data from Brazilian citizens must comply with the LGPD • Companies in Brazil that have their business in the EU must adopt the 2 standards
Data Portability  • The holder is entitled to require that his data be transferred to another service provider • The holder must be informed about all transitions / portabilities to which his data is subject.
Data leakage  • Must be reported within 72 hours after being detected • The consumer must be informed  • Must be reported shortly after being detected • The consumer must be informed
Consent to obtain data  • Explicit consent • You may have to demonstrate to the authorities how you got permission from the holder  • Holder consent is not required
  Exceptions• Execution of a public policy provided for by law • Compliance with a legal obligation • Conducting studies through research bodies • Protection of a citizen’s credit • Preserving a citizen’s life and physical integrity