LGPD
Brazil's comprehensive regulation for personal data protection
C-TPAT
Voluntary US program securing supply chains against terrorism
Quick Verdict
LGPD mandates data protection for Brazilian residents' privacy with fines up to 2% revenue, while C-TPAT is voluntary supply chain security partnership offering trade facilitation benefits like reduced inspections for U.S. importers.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law No. 13.709/2018)
C-TPAT
Customs-Trade Partnership Against Terrorism (C-TPAT)
Key Features
- Tailored Minimum Security Criteria by partner type
- Risk-based validations and tiered benefits
- Reduced inspections and FAST lane access
- Business partner vetting and cybersecurity controls
- Mutual Recognition Agreements for global trade
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 federal data protection regulation. Enacted in 2018 and fully enforced since 2021, it safeguards personal data processing with extraterritorial scope applying to any entity targeting Brazilian residents. Adopts a risk-based approach via 10 core principles like purpose limitation, necessity, and accountability.
Key Components
- 10 principles governing all processing activities.
- 10 legal bases (e.g., consent, legitimate interests, credit protection).
- Data subject rights including access, deletion, portability, and objection to automated decisions.
- **Governance toolsDPO appointment, DPIAs for high-risk processing, RoPAs.
- ANPD enforcement with graduated sanctions; no formal certification, but audits and self-compliance.
Why Organizations Use It
Mandatory for compliance to avoid fines up to 2% Brazilian revenue (R$50M cap), operational halts, and litigation. Drives trust-building, market access in Brazil's digital economy, risk reduction for breaches/AI, and competitive edges via privacy-by-design.
Implementation Overview
**Phased risk-based methodologygovernance/DPO setup, data mapping/RoPA, policies/contracts, technical controls (encryption, access), DSR/incident response, monitoring/audits. Applies to all sizes/industries processing Brazilian data globally; ongoing via ANPD guidance.
C-TPAT Details
What It Is
C-TPAT (Customs-Trade Partnership Against Terrorism) is a voluntary public-private partnership led by U.S. Customs and Border Protection (CBP). Its primary purpose is securing international supply chains from terrorism and criminal threats through risk-based security practices. The approach emphasizes self-assessment, documentation, and CBP validations.
Key Components
- 12 Minimum Security Criteria (MSC) domains: risk assessment, business partners, cybersecurity, physical access, personnel, conveyances, seals, procedural, agricultural, and training.
- Tailored by partner type (importers, carriers, brokers, manufacturers).
- Best Practices Framework for exceeding MSC.
- Continuous improvement via annual reviews and validations; tiered status (Tier 1-3).
Why Organizations Use It
- **Trade facilitation benefitsreduced inspections, FAST lanes, priority processing.
- Enhances supply chain resilience and competitiveness.
- Builds stakeholder trust via trusted trader status.
- Supports MRAs with foreign customs for global recognition.
Implementation Overview
- Phased: gap analysis, profile development, controls, training, validation.
- Applies to importers, carriers, brokers across sizes/industries.
- No certification fee; validations by CBP SCSS (risk-based, ~10 days).
Key Differences
| Aspect | LGPD | C-TPAT |
|---|---|---|
| Scope | Personal data protection and privacy | Supply chain security against terrorism |
| Industry | All sectors processing Brazilian data | Trade, importers, carriers, logistics |
| Nature | Mandatory comprehensive data law | Voluntary CBP security partnership |
| Testing | DPIAs for high-risk, ANPD audits | CBP risk-based validations/revalidations |
| Penalties | 2% Brazilian revenue fines (R$50M cap) | Benefit suspension, no direct fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and C-TPAT
LGPD FAQ
C-TPAT FAQ
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