GDPR (General Data Protection Regulation) is the European Union’s gold-standard privacy regulation, in effect since May 2018. It governs how organizations handle EU residents’ personal data, regardless of the company’s location.

LGPD (Lei Geral de Proteção de Dados) is Brazil’s federal data protection law, enforced since September 2020. Modeled on GDPR, it applies to any organization processing data of individuals in Brazil, even if the company is based outside the country.

Key Similarities and Differences

Similarities:

• Legal Bases for Processing: Both laws allow personal data processing under legitimate interest, consent, legal obligation, and other defined legal grounds.

• User Rights: Data subjects can access, correct, delete, and port their personal data under both laws.

• Scope: Both have extraterritorial reach, meaning international organizations must comply if they handle EU or Brazilian data.

• Enforcement Authority: Each has a central data authority—EDPB and national DPAs in the EU, and ANPD in Brazil.

Differences:

• Fines: GDPR fines can reach €20 million or 4% of global turnover, whereas LGPD caps penalties at 2% of Brazilian revenue, up to R$50 million.

• DPO Requirement: GDPR mandates a DPO in certain cases. LGPD originally required one for all companies, but this is now more flexible.

• Data Transfers: GDPR uses adequacy decisions and SCCs. LGPD allows international transfers based on similar safeguards but is still evolving.

Why It Matters

Understanding both laws helps global companies align data practices, mitigate risk, and ensure lawful data use across the EU and Brazil.