Standards Comparison

    LGPD

    Mandatory
    2020

    Brazil's comprehensive regulation for personal data protection

    VS

    Basel III

    Mandatory
    2010

    Global framework for bank capital, leverage and liquidity standards

    Quick Verdict

    LGPD safeguards personal data for all Brazilian firms globally, mandating privacy rights and breach reporting. Basel III ensures bank resilience via capital, leverage, and liquidity rules. Companies adopt LGPD for compliance and trust; Basel III for financial stability and regulatory approval.

    Data Privacy

    LGPD

    Lei Geral de Proteção de Dados Pessoais (Law No. 13.709/2018)

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months
    Financial Risk Management

    Basel III

    Basel III: Finalising post-crisis reforms

    Cost
    €€€
    Complexity
    Medium
    Implementation Time
    18-24 months

    Key Features

    • CET1 minimum 4.5% plus 2.5% conservation buffer
    • 3% non-risk-based leverage ratio backstop
    • Liquidity Coverage Ratio for 30-day stress
    • Net Stable Funding Ratio for structural resilience
    • Output floor constraining internal model RWAs

    Detailed Analysis

    A comprehensive look at the specific requirements, scope, and impact of each standard.

    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. It governs personal data processing with extraterritorial scope, applying to any targeting Brazilian residents. Primary purpose: safeguard privacy rights via risk-based approach with 10 principles like purpose limitation and accountability.

    Key Components

    • 10 core principles (purpose, necessity, transparency, security, prevention, non-discrimination, accountability).
    • **Data subject rightsaccess, correction, deletion, portability, objection to automated decisions.
    • **Legal bases10 options including consent, legitimate interests, contracts.
    • **Governancemandatory DPO for controllers, DPIAs for high-risk, RoPAs.
    • Enforcement by ANPD with graduated sanctions up to 2% Brazilian revenue (R$50M cap).

    Why Organizations Use It

    • Legal compliance avoids fines, suspensions; mandatory for data processors.
    • **Risk reductionbreach notifications, security measures mitigate cyber threats.
    • Builds trust, enables market access in Brazil's digital economy.
    • **Strategic edgeprivacy-by-design supports AI innovation, partnerships.

    Implementation Overview

    Phased: governance/DPO appointment, data mapping/RoPA, policies/controls, DSR/incident processes, transfers/SCCs, audits. Applies to all sizes/sectors processing Brazilian data; no certification but ANPD audits.

    Basel III Details

    What It Is

    Basel III is the international regulatory framework issued by the Basel Committee on Banking Supervision (BCBS) following the 2007-2009 global financial crisis. It serves as a comprehensive prudential standard for banks, focusing on enhancing the quality and quantity of capital, constraining leverage, ensuring liquidity resilience, and promoting supervisory and market discipline. Its methodology integrates risk-weighted assets (RWA) with non-risk-based metrics like leverage and liquidity ratios for a multi-layered approach to solvency.

    Key Components

    The framework builds on three pillars: Pillar 1 includes minimum capital ratios (CET1 4.5%, Tier 1 6%, Total 8% plus buffers), a 3% leverage ratio, LCR (30-day liquidity), and NSFR (one-year funding); Pillar 2 emphasizes supervisory review and ICAAP; Pillar 3 mandates standardized disclosures for RWA comparability. No fixed control count; requirements evolve with finalisation reforms like output floors.

    Why Organizations Use It

    Banks implement Basel III for mandatory jurisdictional compliance, reducing crisis-like vulnerabilities, mitigating systemic risks, and enabling resilient balance sheets. It drives strategic asset allocation, enhances investor confidence via transparency, and provides competitive edges through optimized capital usage.

    Implementation Overview

    A phased, multi-year enterprise program involves governance setup, data architecture upgrades, model validation, stress testing, and Pillar 3 reporting. Targets internationally active banks globally; enforced via national laws with supervisory audits, no external certification.

    Key Differences

    Scope

    LGPD
    Personal data protection and privacy
    Basel III
    Bank capital, liquidity, leverage standards

    Industry

    LGPD
    All sectors, Brazil residents globally
    Basel III
    Banks, financial institutions internationally

    Nature

    LGPD
    Mandatory data protection law
    Basel III
    Global prudential regulatory framework

    Testing

    LGPD
    DPIAs for high-risk processing
    Basel III
    Stress tests, ICAAP, supervisory reviews

    Penalties

    LGPD
    2% Brazilian revenue fines max R$50M
    Basel III
    Supervisory actions, capital restrictions

    Frequently Asked Questions

    Common questions about LGPD and Basel III

    LGPD FAQ

    Basel III FAQ

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