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ARTICLE · 16 OCTOBER 2020

Five Things You Should Know About Brazil's New Privacy Law

Morrison Foerster
Morrison Foerster
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Morrison Foerster

Morrison Foerster

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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

BrazilPrivacy

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,

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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