GDPR
EU regulation protecting personal data privacy rights
LGPD
Brazilian regulation for personal data protection and privacy.
Quick Verdict
GDPR sets global gold standard for EU data protection with extraterritorial reach and 4% turnover fines, while LGPD mirrors it for Brazil with 2% revenue penalties. Companies adopt both for compliance, trust, and market access in Europe and Brazil.
GDPR
Regulation (EU) 2016/679 - General Data Protection Regulation
Key Features
- 1. Extraterritorial scope applies to non-EU entities targeting EU subjects
- 2. Accountability principle requires demonstrating compliance through DPIAs
- 3. Fines up to 4% global annual turnover or €20 million
- 4. Data subject rights include erasure and portability
- 5. Mandatory 72-hour personal data breach notifications
LGPD
Lei Geral de Proteção de Dados Pessoais (Law 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents worldwide
- 10 core principles expanding GDPR with prevention, non-discrimination
- Mandatory DPO appointment and public disclosure for controllers
- 3-business-day breach notifications to ANPD and subjects
- ANPD-approved SCCs mandatory for cross-border transfers by 2025
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
GDPR Details
What It Is
General Data Protection Regulation (GDPR), or Regulation (EU) 2016/679, is a directly applicable EU regulation enacted in 2016, enforceable since 2018. It protects personal data of EU individuals, ensuring lawful processing and free movement. Adopts a principles-based, accountability-driven, risk-oriented approach replacing the 1995 Directive.
Key Components
- Seven core principles: lawfulness/fairness/transparency, purpose limitation, minimization, accuracy, storage limitation, integrity/confidentiality, accountability.
- Data subject rights: access, rectification, erasure ("right to be forgotten"), portability, objection, restriction.
- Obligations: Records of Processing, DPIAs for high-risk, DPO appointment, 72-hour breach notification.
- Enforcement: fines up to €20M/4% global turnover; no formal certification, compliance via DPAs.
Why Organizations Use It
Mandatory for any processing EU data; mitigates massive fines/reputational risks. Builds stakeholder trust, sets global benchmark, enables secure data flows, harmonizes compliance across borders.
Implementation Overview
Involves gap analysis, policy updates, DPO designation, training, DPIAs. Applies universally to controllers/processors handling EU data, regardless of location/size. Ongoing: audits, breach response; supervised by national DPAs/EDPB.
LGPD Details
What It Is
LGPD (Lei Geral de Proteção de Dados Pessoais, Law No. 13.709/2018) is Brazil's comprehensive data protection regulation. Enacted in 2018 and fully enforced since 2021, it safeguards personal data of Brazilian residents with extraterritorial scope. Its risk-based approach mirrors GDPR, emphasizing accountability, minimization, and transparency through 10 core principles.
Key Components
- **10 principlesPurpose limitation, necessity, transparency, security, prevention, non-discrimination, accountability, etc.
- **Data subject rightsAccess, correction, deletion, portability, anonymization, objection to automated decisions.
- **Legal bases10 options including consent, contracts, legitimate interests (restricted for sensitive data).
- **GovernanceMandatory DPO for controllers, Records of Processing Activities (RoPAs), DPIAs for high-risk processing.
- **EnforcementANPD imposes graduated sanctions up to 2% Brazilian revenue (R$50M cap).
Why Organizations Use It
LGPD compliance is mandatory for entities processing Brazilian data, averting multimillion fines, operational halts, and reputational harm. It drives trust, market access in Brazil's digital economy, operational efficiency via data mapping, and competitive edges like privacy-by-design for AI.
Implementation Overview
Phased risk-based methodology: governance setup, data mapping/RoPAs, policies, technical controls, DSR/incident processes, vendor management, audits. Applies to all sizes/industries targeting Brazil; no certification but ANPD audits/enforcement.
Key Differences
| Aspect | GDPR | LGPD |
|---|---|---|
| Scope | Personal data processing worldwide targeting EU | Personal data processing targeting Brazilian residents |
| Industry | All sectors, global reach for EU data | All sectors, Brazil-focused with extraterritorial |
| Nature | Mandatory EU regulation, directly applicable | Mandatory Brazilian law, ANPD enforcement |
| Testing | DPIAs for high-risk, DPA audits | DPIAs for high-risk, ANPD audits |
| Penalties | Up to 4% global turnover or €20M | Up to 2% Brazilian revenue, R$50M cap |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about GDPR and LGPD
GDPR FAQ
LGPD FAQ
You Might also be Interested in These Articles...
SEC Cybersecurity Rules Materiality Determination Framework: Step-by-Step Guide with Checklists and Real-World Examples
Master SEC Form 8-K Item 1.05 materiality determinations with our step-by-step framework, checklists, case law factors, and real-world examples. Avoid enforceme
Asset-Backed Issuers and SEC Cybersecurity Rules: Applicability, Disclosures, and Compliance Roadmap
How SEC cybersecurity rules apply to asset-backed issuers (ABS): Form 10-D disclosures, ABS-EE risk management, Inline XBRL tagging, exemptions. Roadmap for tru
PDPA Cross-Border Transfer Rules Decoded: Singapore, Thailand, and Taiwan Mechanisms Compared with Practical Implementation Templates
Decode PDPA cross-border transfers for Singapore, Thailand, Taiwan. Statutory excerpts, approved mechanisms, SCC templates. Harmonize with GDPR, navigate exempt
Run Maturity Assessments with GRADUM
Transform your compliance journey with our AI-powered assessment platform
Assess your organization's maturity across multiple standards and regulations including ISO 27001, DORA, NIS2, NIST, GDPR, and hundreds more. Get actionable insights and track your progress with collaborative, AI-powered evaluations.
Check out these other Gradum.io Standards Comparison Pages
SAMA CSF vs ISO 28000
Compare SAMA CSF vs ISO 28000: Key differences in maturity models, domains & implementation for financial & supply chain security. Boost compliance & resilience now!
DORA vs FERPA
Explore DORA vs FERPA: EU's finance resilience rules clash with US student privacy law. Uncover key diffs, compliance strategies & impacts for pros. Dive in!
FDA 21 CFR Part 11 vs ISO 50001
Compare FDA 21 CFR Part 11 electronic records vs ISO 50001 energy systems: Key compliance diffs, validation, audit trails & risk strategies for life sciences. Achieve mastery now!