LGPD
Brazil's comprehensive personal data protection regulation
CAA
U.S. federal statute for air quality standards and emissions control
Quick Verdict
LGPD governs personal data protection for Brazilian residents with strict rights and fines, while CAA regulates U.S. air emissions via standards and permits. Companies adopt LGPD for Brazil compliance and market access; CAA to meet environmental mandates and avoid sanctions.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents' data
- 10 core principles including prevention and non-discrimination
- Fines up to 2% Brazilian revenue per infraction
- Mandatory DPO appointment for controllers
- 3-business-day breach notifications to ANPD
CAA
Clean Air Act (42 U.S.C. §7401 et seq.)
Key Features
- National Ambient Air Quality Standards (NAAQS)
- State Implementation Plans (SIPs) for attainment
- Title V operating permits consolidating requirements
- New Source Performance Standards (NSPS)
- MACT standards for hazardous air pollutants
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
LGPD Details
What It Is
Lei Geral de Proteção de Dados Pessoais (LGPD), Law No. 13.709/2018, is Brazil's comprehensive data protection regulation. Enacted in 2018 and enforced since 2021, it safeguards personal data of Brazilian residents via extraterritorial scope and risk-based approach, mirroring GDPR but with local adaptations like 10 principles.
Key Components
- **10 core principlespurpose limitation, necessity, transparency, security, prevention, accountability.
- Data subject rights: access, correction, deletion, portability, objection to automated decisions.
- 10 legal bases for processing, heightened rules for sensitive data.
- ANPD enforcement with graduated sanctions up to 2% Brazilian revenue (R$50M cap).
Why Organizations Use It
- Mandatory for compliance, avoiding multimillion fines and operational halts.
- Builds stakeholder trust, enables market access in Brazil's digital economy.
- Risk management via DPIAs, breach notifications; competitive edge through privacy-by-design.
Implementation Overview
Phased: governance/DPO appointment, data mapping/RoPA, policies/controls, training, audits. Applies universally to controllers/processors handling Brazilian data; ANPD oversees without certification but requires records/DPIAs.
CAA Details
What It Is
The Clean Air Act (CAA), codified at 42 U.S.C. §7401 et seq., is a U.S. federal statute governing air pollution control. Its primary purpose is protecting public health and welfare from stationary and mobile source emissions via ambient standards, technology-based limits, and enforcement. It uses **cooperative federalismEPA sets national floors; states implement through SIPs and permits.
Key Components
- NAAQS for six criteria pollutants (primary/secondary standards).
- Source standards: NSPS, NESHAPs/MACT for HAPs, mobile rules.
- Title V permits, NSR/PSD, acid rain trading (Title IV), ozone protection (Title VI).
- Interlocking: ~100 NSPS subparts, 187 HAPs; compliance via permits/audits, no certification.
Why Organizations Use It
- Mandatory for major sources to avoid penalties, shutdowns.
- Manages enforcement risks, ensures permitting agility.
- Drives efficiency, ESG benefits, stakeholder trust.
Implementation Overview
Phased: gap analysis (0-6 mo), permitting/design (6-18 mo), controls/monitoring (12-24 mo). Applies to emitters nationwide; ongoing via SIPs/Title V renewals, EPA/state audits. (178 words)
Key Differences
| Aspect | LGPD | CAA |
|---|---|---|
| Scope | Personal data processing and privacy rights | Air emissions control and ambient quality standards |
| Industry | All sectors processing Brazilian data | Manufacturing, energy, all emission sources |
| Nature | Mandatory data protection law, ANPD enforcement | Mandatory environmental statute, EPA oversight |
| Testing | DPIAs for high-risk processing, audits | CEMS/stack testing, continuous monitoring |
| Penalties | 2% Brazilian revenue, up to R$50M fines | Civil penalties, injunctions, operational sanctions |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and CAA
LGPD FAQ
CAA FAQ
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