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Brazilian General Personal Data Protection Law (LGPD)

Lei nº 13.709, de 14 de agosto de 2018 (Lei Geral de Proteção de Dados Pessoais)

National Congress of Brazil; enforced by the Autoridade Nacional de Proteção de Dados (ANPD) · Lei nº 13.709/2018

The LGPD is Brazil’s horizontal data protection statute — GDPR-descended but locally distinct: ten legal bases (including credit protection, a Brazil-specific basis), heightened rules for sensitive personal data and children’s data, a required data processing officer (encarregado), records of processing, a personal data protection impact report (RIPD), security incident notification, and nine data subject rights including the right to request review of decisions taken solely on the basis of automated processing. Article 33 sets nine routes (I–IX) for international transfers: (I) to countries or international organisations the ANPD has determined provide an adequate degree of protection; (II) where the controller offers and demonstrates guarantees of compliance through specific contractual clauses for a given transfer, standard contractual clauses, global corporate rules, or regularly issued seals, certificates and codes of conduct; (III) where necessary for international legal cooperation between intelligence, investigation and prosecution bodies under instruments of international law; (IV) where necessary to protect the life or physical safety of the data subject or a third party; (V) where the national authority authorises the transfer; (VI) where the transfer results from a commitment made in an international cooperation agreement; (VII) where necessary to execute a public policy or a legal attribution of public service, published under Article 23(I); (VIII) where the data subject has given specific and highlighted consent to the transfer, having been informed beforehand of its international character and with that purpose clearly distinguished from others; and (IX) where necessary to meet the situations in Article 7(II), (V) and (VI). Recent ANPD enforcement has centred on platforms and children’s data.

Verified against official sources · 2026-09-12Partly secondary sources — verify before relying

Does this apply to me?

Article 3 defines scope along three routes, regardless of the processing agent’s seat or where the data is located: (I) the processing operation is carried out in Brazilian territory; (II) the processing activity has the purpose of offering or supplying goods or services to, or processing the data of, individuals located in Brazil (this limb was confirmed by Lei nº 13.853/2019 and its current wording is unchanged from the original); and (III) the personal data was collected in Brazilian territory — with §1 deeming data collected in Brazil where the data subject was in Brazil at the time of collection. Typical triggers: publishing an app or model API to Brazilian users and collecting account and behavioural data; opening a branch or hiring locally; providing labelling, training or inference services to Brazilian corporate customers; selling camera-, microphone- or location-enabled hardware through a Brazilian distributor that streams data back; and exporting Brazilian user data for model training, which must land on one of the five Article 33 routes.

Key industries: All industries, GenAI & foundation models, Enterprise SaaS, Fintech AI, Computer vision, AI agents

Application timeline

  1. 2018-08-14

    LGPD published (Lei nº 13.709/2018)

    Subsequently amended, including by Lei nº 13.853/2019; the consolidated text is maintained by Planalto.

  2. 2026-09-12

    Verified: the ANPD is actively enforcing and is running an AI regulatory sandbox and related research

    On the retrieval date the ANPD homepage announced: a BRL 153.7 million fine on TikTok for failures in protecting children’s and adolescents’ data; publication of the testing methodology for its AI regulatory sandbox; selection of consultants to produce reports on AI, data protection and child online protection; and a reminder that digital platforms must publish transparency reports by 17 September 2026. The same page stated that the ANPD website and social media are restricted during the 2026 electoral period.

Obligations (6)

Each states its trigger, the evidence to retain and the clause it comes from

Appoint and publish the data processing officer (encarregado)

Severity MediumLGPD Art. 41

Appoint an officer under Article 41 as the point of contact for data subjects and the ANPD, and publish their identity and contact details (typically in the privacy notice and prominently on the site). The role covers receiving complaints and communications from data subjects and providing explanations and taking action, receiving communications from the ANPD and acting on them, and guiding employees and contractors on data protection practices. Where an offshore entity has no Brazilian establishment, it should still designate someone able to receive communications in Portuguese and publish the channel.

Applies when
All controllers within the Article 3 scope.
Evidence to retain
  • · Officer appointment document and role description
  • · Screenshot of the published identity and contact details on the site or in the privacy notice
  • · Log of communications handled from data subjects and the ANPD
  • · Data protection training records for employees and contractors

Estimated first-time effort: 2–5 person-days (estimate, not a commitment)

Right to review of solely automated decisions and disclosure of the criteria

Severity HighLGPD Art. 20

Data subjects may request review of decisions taken solely on the basis of automated processing that affect their interests, including decisions intended to define their personal, professional, consumer or credit profile or aspects of their personality. Note: the operative text (as amended by Lei nº 13.853/2019) dropped the original “by a natural person” qualifier, so the statute no longer expressly mandates human review — but Article 20 §1 requires the controller, whenever asked, to provide clear and adequate information about the criteria and procedures used in the automated decision, subject to commercial and industrial secrecy, and §2 provides that where the controller withholds that information on secrecy grounds the ANPD may carry out an audit to check for discriminatory aspects in the automated processing. Design for this up front: explainability outputs, a review ticket workflow, and records of review outcomes that can be reconstructed later.

Applies when
Controllers running credit scoring, fraud blocking, pricing or limit decisions, CV screening or content actions in Brazil, and the vendors supplying the models.
Evidence to retain
  • · Automated decision inventory and impact assessment
  • · Review request intake channel, ticket workflow and turnaround records
  • · External explanation of the criteria and procedures, with reasoning for any trade-secret redactions
  • · Sample review conclusions and overturned decisions

Estimated first-time effort: 6–15 person-days (estimate, not a commitment)

International transfers: select and evidence one of the nine Article 33 routes

Severity HighLGPD Art. 33

Article 33 permits international transfers only in nine cases (I–IX): (I) to countries or international organisations providing a degree of protection adequate to that in the Law, as determined by the ANPD; (II) where the controller offers and demonstrates guarantees of compliance with the principles, data subject rights and data protection regime of the Law, in the form of specific contractual clauses for a given transfer, standard contractual clauses, global corporate rules, or regularly issued seals, certificates and codes of conduct; (III) where necessary for international legal cooperation between intelligence, investigation and prosecution bodies under instruments of international law; (IV) where necessary to protect the life or physical safety of the data subject or a third party; (V) where the national authority authorises it; (VI) where the transfer results from a commitment made in an international cooperation agreement; (VII) where necessary to execute a public policy or a legal attribution of public service, published under Article 23(I); (VIII) where the data subject has given specific and highlighted consent to the transfer, informed beforehand of its international character and with that purpose clearly distinguished from others; and (IX) where necessary to meet Article 7(II) (compliance with a legal obligation), (V) (judicial, arbitral or administrative proceedings) or (VI) (protection of life or physical safety). For a Chinese AI company repatriating Brazilian user data for training, the realistic route is (II), backed by minimisation, encryption and access control; route (VIII) sets a high bar (separate, highlighted, with prior notice of the international character) and should not carry bulk training-data transfers.

Applies when
Controllers and processors moving Brazilian personal data out of Brazil, or giving offshore teams remote access to it.
Evidence to retain
  • · International transfer register (recipient, country, data categories, Article 33 route relied on)
  • · Executed contractual clauses or global corporate rules
  • · Records of separate transfer-specific consent where that route is used
  • · Evidence of supplementary technical measures (encryption, minimisation, access logs)

Estimated first-time effort: 8–18 person-days (estimate, not a commitment)

Security incident notification and records of processing

Severity HighLGPD Art. 37、Art. 48

Under Article 48 the controller must notify the ANPD and the data subject of a security incident that may create relevant risk or damage to data subjects, within a reasonable period “as defined by the national authority” (see the deadline field on this obligation), with at least the nature of the affected data, information about the data subjects involved, the technical and security measures used, the risks related to the incident, the reasons for delay where notification was not immediate, and the measures taken or to be taken to reverse or mitigate the harm. Under Article 37 controllers and processors must keep records of the processing operations they carry out, especially when based on legitimate interests. AI companies should include prompt logs, vector stores and model checkpoints in the blast-radius assessment.

Applies when
All controllers and processors in scope.
Deadline: Article 48 §1: within a reasonable period, “as defined by the national authority”. The statute itself fixes no number of hours, but the period is set by ANPD normative act; that act could not be retrieved in this review because the ANPD site was restricted for the electoral period. Confirm the deadline and filing channel in the ANPD’s current security incident regulation before relying on this — do not treat “a reasonable period” as self-determined.
Evidence to retain
  • · Security incident response plan and ANPD notification template
  • · Incident register and submission records, including reasons for any delay
  • · Records of processing operations, including those based on legitimate interests
  • · Blast-radius assessment checklist covering prompt logs, vector stores and model checkpoints

Estimated first-time effort: 5–12 person-days (estimate, not a commitment)

Children’s data and platform transparency duties

Severity HighLGPD Art. 14

The LGPD imposes heightened rules on children’s and adolescents’ data (Article 14): processing must be in their best interests, and children’s data generally requires specific and prominent consent from a parent or legal guardian. Recent ANPD enforcement puts minors at the centre: on the retrieval date its site announced a BRL 153.7 million fine against a platform for failures in protecting children’s and adolescents’ data, and reminded digital platforms to publish transparency reports by 17 September 2026 under the Digital Statute of the Child and Adolescent (ECA Digital). Companies bringing social, generative, companion or education AI products to Brazil should build age assurance and routing, parental consent, stricter defaults for minors, and assess whether the platform transparency reporting duty applies to them.

Applies when
Consumer-facing AI products in Brazil that minors may use; platform services must additionally assess the ECA Digital transparency reporting duty.
Evidence to retain
  • · Age assurance and routing design note and test report
  • · Parental or guardian consent workflow and records
  • · Documentation of default settings and content safety policy for minors
  • · Applicability assessment for the ECA Digital transparency reporting duty

Estimated first-time effort: 8–20 person-days (estimate, not a commitment)

Penalties

LGPD Article 52 (Planalto consolidated text, verified verbatim) provides: I a warning with a deadline for corrective measures; II a simple fine of up to 2% of the private legal entity’s, group’s or conglomerate’s revenue in Brazil for its last financial year, excluding taxes, capped in total at BRL 50 million per infringement; III daily fines subject to that same cap; IV publication of the infringement once established; V blocking of the personal data concerned until it is regularised; VI deletion of the personal data concerned; VII–IX vetoed; X partial suspension of the operation of the database concerned for up to six months, renewable once, until the controller regularises the activity; XI suspension of the processing activity concerned for up to six months, renewable once; and XII partial or total prohibition of activities related to data processing. Sanctions follow an administrative procedure ensuring full defence and are applied gradually, singly or cumulatively, against the parameters in Article 52 §1. Benchmark: on the retrieval date the ANPD announced a BRL 153.7 million fine on TikTok for failures in protecting children’s and adolescents’ data, so large penalties are a live risk.

Known uncertainty

(1) During this review the ANPD site was under electoral-period content restrictions (the homepage carries “Site e redes sociais da ANPD estão restritos até o fim das eleições”) and its normative acts section — including the international transfer regulation, the standard contractual clauses and the security incident rules — returned empty pages on test. This entry therefore cites no ANPD resolution number and bases the transfer and incident sections on the statute itself; before implementing, work from the ANPD’s current rules and model clauses, in particular the exact number of days for the Article 48 notification. (2) Articles 3, 14, 20, 33, 37, 41, 48 and 52 were verified verbatim against the Planalto consolidated text; the full lists of legal bases in Articles 7 and 11 were not checked item by item. (3) The statutory reference and full scope of the ECA Digital were not obtained; only the transparency reporting deadline (17 September 2026) is cited, from the ANPD homepage notice.

Related standards

  • ISO/IEC 27701:2025 Privacy information management systems — Requirements and guidance · ISO/IEC 27701:2025 (edition 2, 2025-10), cancelling and replacing ISO/IEC 27701:2019

Sources (2)

Content as of 2026-09-12 · corpus 2026.09|Compiled from public official sources with links and review dates for compliance decision support. Rules change; have licensed professionals review before external disclosure, regulatory filing or contractual commitments.

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GDPR · PIPL · CCPA control mapping
Traceable AI · cited when sourced
ISO 27001 alignment in progress
WCAG 2.1 AA accessibility target
Brazilian General Personal Data Protection Law (LGPD) · Obligations & official sources | HaiWen HQ