What Are the LGPD and GDPR?

The Lei Geral de Proteção de Dados (LGPD) is Brazil’s comprehensive data protection law, often described as the Brazilian equivalent of the GDPR. Both laws share fundamental principles: they protect personal data, grant individual rights over that data, require lawful bases for processing, and impose penalties for violations. 

 

The LGPD took effect in September 2020 and applies to any organisation that processes personal data of individuals located in Brazil, regardless of where the organisation is based. While heavily influenced by the GDPR, the LGPD has distinct features that create unique compliance requirements for businesses operating in both jurisdictions.

Key Differences Between LGPD and GDPR

The LGPD provides ten legal bases for processing personal data, compared to the GDPR’s six. The LGPD includes unique bases such as credit protection and protection of health. The LGPD’s fines are capped at two percent of revenue in Brazil, up to 50 million reais per infraction, while the GDPR allows fines of up to four percent of global turnover. 

 

The LGPD requires a Data Protection Officer (called an Encarregado) for all data controllers, while the GDPR only requires one in specific circumstances. Both laws require consent to be free, informed, and unambiguous, but the LGPD additionally requires consent to be provided in writing or by other means demonstrating the data subject’s will.

Dual Compliance with Seers AI

Seers’ consent management platform supports simultaneous LGPD and GDPR compliance through geolocation-based consent rules. The platform presents GDPR-compliant consent banners to European visitors and LGPD-compliant notices to Brazilian visitors, each meeting the specific requirements of the applicable law. 

 

Seers’ centralised consent records cover both jurisdictions, simplifying audit preparation and demonstrating accountability under both frameworks.

Deliver the right consent experience for Brazilian and European users with Seers AI  

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