LGPD
Brazil's comprehensive regulation for personal data protection
Basel III
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.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law No. 13.709/2018)
Basel III
Basel III: Finalising post-crisis reforms
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
| Aspect | LGPD | Basel III |
|---|---|---|
| Scope | Personal data protection and privacy | Bank capital, liquidity, leverage standards |
| Industry | All sectors, Brazil residents globally | Banks, financial institutions internationally |
| Nature | Mandatory data protection law | Global prudential regulatory framework |
| Testing | DPIAs for high-risk processing | Stress tests, ICAAP, supervisory reviews |
| Penalties | 2% Brazilian revenue fines max R$50M | Supervisory actions, capital restrictions |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and Basel III
LGPD FAQ
Basel III FAQ
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