Now that the Brazilian law on the use of personal information
(Lei Geral de Proteção de Dados or LGPD) has
entered into force on 18 September 2020, companies operating in
Brazil are facing significantly new and comprehensive privacy
obligations. And while the administrative sanction provisions under
the law do not go into effect until 1 August 2021, individuals can
now already claim losses and damages for LGPD violations, making
timely compliance with the new law all the more critical. To help
your organization stay ahead, we answer the most frequently asked
questions regarding the LGPD and highlight key elements for your
global privacy program.
1. When does the LGPD apply?
The LGPD can apply in the following three cases: (i) when the
actual data processing operation is carried out in Brazilian
territory, (ii) if the processing operation has the goal of
offering or providing goods or services to or of processing data of
individuals located in Brazilian territory,