Brazil. Comprehensive data protection. Law

LGPDGeneral Personal Data Protection Law, Law No. 13,709/2018 (Lei Geral de Proteção de Dados Pessoais - LGPD)

In force

§1Summary

Synopsis

Brazil's GDPR-inspired general data protection law with ten lawful bases, data subject rights, accountability duties and a national authority. It applies to processing in Brazil, offering goods or services to people in Brazil, or data collected in Brazil.

Key themes
  • lawful bases
  • legitimate interest
  • data subject rights
  • encarregado (DPO)
  • DPIA (RIPD)
  • breach notification
  • international transfers
  • ANPD sanctions
Unique features

Ten lawful bases including credit protection; DPO (encarregado) required for controllers by default (small agents exempt); regulations issued in rapid succession by ANPD. Mutual EU adequacy since January 2026.

SaaS relevance

Any SaaS offering services to individuals in Brazil or processing data collected there is in scope regardless of establishment.

§2Obligations

Extraterritorial
Yes
Breach notification
ANPD and data subjects within 3 working days (Res. CD/ANPD 15/2024)
DPO
Yes
Cross-border transfers
Adequacy, ANPD SCCs, BCRs, specific clauses, consent and other derogations
Maximum penalty
2% of Brazilian revenue, capped at BRL 50m per infraction; daily fines; processing bans

§3Dates

Key dates
  • Adopted
  • In force
  • Sanctions enforceable 2021-08-01; data protection made a constitutional right Feb 2022; ANPD autarchy Oct 2022 (Law 14,460) and regulatory agency status 2025-09-17; EU-Brazil mutual adequacy 2026-01-27

§4Text and authority

Text
Authority
Agência Nacional de Proteção de Dados (ANPD)

§5Where it applies

Domestic law of
Brazil

§6Sources and verification

Verification

High confidence.

Processors are not required to appoint a DPO (Res. 18/2024).