LGPD vs COPPA
LGPD
Brazil's comprehensive law for personal data protection
COPPA
U.S. federal regulation protecting children's online privacy under 13.
Quick Verdict
LGPD mandates comprehensive personal data protection for Brazilian residents globally, while COPPA strictly safeguards US children under 13 online. Companies adopt LGPD to avoid massive revenue-based fines and access Brazil's market; COPPA prevents crippling FTC penalties and builds parental trust.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents' data processing
- 10 core principles including prevention and non-discrimination
- Fines up to 2% Brazilian revenue capped at R$50 million
- Mandatory Data Protection Officer for controllers
- 3 business days breach notifications to ANPD and subjects
COPPA
Children's Online Privacy Protection Act (COPPA)
Key Features
- Verifiable parental consent before collecting children's data
- Broad personal information including persistent IDs and geolocation
- Applies to child-directed websites, apps, and IoT devices
- Parental rights to access, review, and delete data
- Strict FTC enforcement with high civil penalties per violation
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 fully enforced since 2021, it safeguards personal data of natural persons with extraterritorial scope applying to processing in Brazil, targeting residents, or collected there. It adopts a risk-based approach with 10 core principles like purpose limitation, necessity, and accountability.
Key Components
- 10 principles (e.g., transparency, security, non-discrimination)
- Data subject rights (access, deletion, portability, objection to automated decisions)
- Legal bases (10 options including consent, legitimate interests)
- Governance via mandatory DPO for controllers, DPIAs for high-risk processing, records of activities
- Enforcement by ANPD with graduated sanctions
Why Organizations Use It
LGPD compliance avoids fines up to 2% Brazilian revenue (R$50M cap), operational suspensions, and litigation. It builds trust, enables market access in Brazil's digital economy, reduces breach risks, and supports innovation via anonymization exemptions.
Implementation Overview
Phased risk-based approach: governance/DPO appointment, data mapping/RoPA, policies, technical controls, DSR/incident processes, vendor management/SCCs. Applies to all sizes/sectors processing Brazilian data; no certification but ANPD audits/sanctions.
COPPA Details
What It Is
Children's Online Privacy Protection Act (COPPA) is a U.S. federal regulation enacted in 1998 and effective from 2000, enforced by the FTC. It targets operators of commercial websites, apps, and services directed to children under 13 or knowingly collecting their data. The primary purpose is empowering parents with control over children's personal information through verifiable consent before collection, use, or disclosure. It employs a rule-based approach with strict obligations.
Key Components
- Verifiable parental consent (VPC) via methods like credit card checks or video calls.
- Comprehensive privacy policies and data security requirements.
- Parental rights to access, review, delete data, and revoke consent.
- Broad personal information definition (e.g., persistent IDs, geolocation, audio/video).
- Safe harbor programs for self-regulation. Compliance model focuses on FTC audits and penalties up to $51,744 per violation.
Why Organizations Use It
Mandatory for applicable operators to avoid crippling fines (e.g., YouTube's $170M). Enhances risk management, builds parental trust, ensures legal compliance amid rising enforcement, and provides competitive edge in child-focused markets like edtech and gaming.
Implementation Overview
Involves audience analysis, age screening, VPC integration, data minimization, and audits. Applies to commercial entities globally targeting U.S. children; scalable for SMBs via templates but intensive for enterprises. No formal certification but FTC oversight and safe harbors.
Key Differences
| Aspect | LGPD | COPPA |
|---|---|---|
| Scope | Personal data processing for all natural persons | Children's online personal data collection under 13 |
| Industry | All sectors, Brazil extraterritorial | Online services targeting US children |
| Nature | Mandatory comprehensive regulation by ANPD | Mandatory FTC rule for child privacy |
| Testing | DPIAs for high-risk, ANPD audits | Verifiable parental consent, FTC audits |
| Penalties | 2% Brazilian revenue fines up to R$50M | $43,792 per violation civil penalties |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and COPPA
LGPD FAQ
COPPA FAQ
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