What is the primary objective of **LGPD**?

**The primary objective of LGPD (Lei Geral de Proteção de Dados Pessoais, Law No. 13.709/2018) is to protect the fundamental rights of privacy and freedom of natural persons by regulating the processing of personal data.** Enacted August 14, 2018, with full sanctions from August 1, 2021, it mandates 10 core principles (Art. 6)—purpose limitation, adequacy, necessity, free access, data quality, transparency, security, prevention, non-discrimination, and accountability—for controllers and processors handling data of identified or identifiable individuals (Art. 5, I), including sensitive data like health or biometrics (Art. 5, II).

Who is legally or professionally required to comply with **LGPD**?

**All controllers and processors handling personal data in Brazil, targeting Brazilian residents, or collected therein must comply with LGPD, regardless of organization size or location (Art. 3).** This extraterritorial scope applies to public/private entities, with no employee/revenue thresholds; exemptions are narrow (Art. 4), e.g., non-economic private uses or journalism. Controllers decide purposes/means (Art. 5, VI) and bear primary liability; processors execute under instructions (Art. 5, VII).

Does **LGPD** require an external audit or third-party certification?

**LGPD does not mandate external audits or third-party certification, but ANPD may conduct audits and requires controllers to maintain records of processing activities (Art. 37) and perform DPIAs for high-risk processing (Art. 38).** ANPD enforces via inspections; voluntary certifications like ISO 27701 can demonstrate compliance, but accountability relies on internal governance, including a mandatory DPO for controllers (Art. 41, with public disclosure).

How often should an assessment for **LGPD** be performed?

**LGPD requires ongoing assessments, with Records of Processing Activities (RoPAs) maintained continuously (Art. 37) and DPIAs for high-risk activities like legitimate interests processing conducted prior to initiation (Art. 38).** ANPD guidance (e.g., CD/ANPD No. 02/2022) recommends periodic reviews; practical best practice involves annual internal audits, quarterly risk monitoring, and ad-hoc updates for new processing or incidents.

What are the consequences of non-compliance with **LGPD**?

**Non-compliance with LGPD incurs graduated sanctions by ANPD, including fines up to 2% of Brazilian revenue (capped at R$50 million per infraction), data processing suspension up to 6 months (extendable), and publicity of violations (Art. 52-53).** Factors like gravity, cooperation, and safeguards influence penalties; data subjects can seek civil damages (Art. 42), with additional operational disruptions and reputational harm.

Can **LGPD** be mapped to other international frameworks?

**Yes, LGPD can be mapped to other international frameworks due to shared principles like purpose limitation, transparency, minimization, and data subject rights.** Its 10 principles (Art. 6) and rights (Art. 18) align closely with global regimes, facilitating hybrid programs; however, unique elements like 10 legal bases (Art. 7) and Brazil revenue-based fines require tailored adaptations.

What is the first step to begin implementing **LGPD**?

**The first step to implement LGPD is appointing a Data Protection Officer (DPO) and conducting a comprehensive data mapping to create a Record of Processing Activities (RoPA) (Arts. 37, 41).** This identifies data flows, legal bases (Art. 7), sensitive data, and high-risk processing, enabling risk prioritization and governance establishment.

What is the primary objective of **EMAS**?

**The primary objective of EMAS is to promote continuous improvement in environmental performance through structured environmental management systems, systematic evaluation, public information provision, stakeholder dialogue, and employee involvement.** As defined in Article 1 of **Regulation (EC) No 1221/2009** (EMAS III), it requires organisations to implement an EMS, conduct periodic performance evaluations, publish validated environmental statements, and demonstrate verifiable progress in core indicators like energy, emissions, waste, water, materials, and biodiversity.

Who is legally or professionally required to comply with **EMAS**?

**No organisation is legally required to comply with EMAS, as it is a voluntary scheme under EU Regulation (EC) No 1221/2009.** Participation is open to any organisation—public or private, any size or sector, inside or outside the EU—seeking credible environmental governance. As of September 2025, 4,141 organisations and 16,154 sites are registered, primarily in waste (655 organisations), manufacturing, and public sectors, driven by procurement incentives and regulatory relief.

Does **EMAS** require an external audit or third-party certification?

**Yes, EMAS mandates independent verification and validation by accredited/licensed environmental verifiers, but it is registration—not certification—by national Competent Bodies.** Verifiers confirm EMS conformity (Annex II), legal compliance, internal audits (Annex III), and validate the public environmental statement (Annex IV), issuing a declaration (Annex VII) for Competent Body registration.

How often should an assessment for **EMAS** be performed?

**EMAS requires full EMS verification at least every three years, with annual validation of updated environmental statements.** Internal audits must cover all activities within a three-year cycle (four years for small organisations). For maintenance, annual verifier checks ensure ongoing compliance and performance improvement.

What are the consequences of non-compliance with **EMAS**?

**Non-compliance with EMAS results in suspension or deletion from the register by the Competent Body, loss of EMAS logo use, and public record of de-registration.** Once registered, failure to submit validated statements, demonstrate legal compliance, or maintain EMS obligations triggers these actions per Articles 13 and 28 of Regulation (EC) No 1221/2009; no direct fines apply, as participation is voluntary.

Can **EMAS** be mapped to other international frameworks?

**EMAS fully incorporates ISO 14001 EMS requirements (Annex II) and aligns with its PDCA cycle, enabling seamless mapping and combined audits.** EMAS adds verified legal compliance, public statements, and performance indicators, positioning it as an enhanced extension; organisations with ISO 14001 can transition by addressing EMAS-specific elements like initial reviews and validated reporting.

What is the first step to begin implementing **EMAS**?

**The first step for EMAS implementation is conducting an initial environmental review per Annex I of Regulation (EC) No 1221/2009.** This comprehensive baseline analysis identifies direct/indirect aspects, legal obligations, performance data, and significance criteria, forming the foundation for policy, EMS, and registration.

LGPD vs EMAS | GRADUM

Standards Comparison

LGPD

Mandatory

2020

Brazil's comprehensive regulation for personal data protection

EMAS

Voluntary

1993

EU regulation for voluntary environmental management and audit

Quick Verdict

LGPD mandates data protection for Brazilian residents' personal data with fines up to 2% revenue, while EMAS is voluntary EU environmental management requiring verified performance reporting. Companies adopt LGPD for legal compliance; EMAS for credibility and efficiency.

Data Privacy

LGPD

Lei Geral de Proteção de Dados Pessoais (Law 13.709/2018)

Cost

€€€€

Complexity

High

Implementation Time

12-18 months

Key Features

Extraterritorial scope targeting Brazilian residents worldwide
10 core principles including prevention and non-discrimination
Fines up to 2% Brazilian revenue capped R$50M
Mandatory DPO appointment for controllers
3-business-day breach notifications to ANPD

Environmental Management

EMAS

Regulation (EC) No 1221/2009 Eco-Management and Audit Scheme

Cost

€€€€

Complexity

High

Implementation Time

12-18 months

Key Features

Validated public environmental statements
Independent verifier legal compliance checks
Mandatory core performance indicators
Continuous environmental improvement requirement
Sectoral reference documents for benchmarking

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 federal data protection regulation. Enacted in 2018 and enforced since 2021, it protects personal data of natural persons with extraterritorial scope, applying to processing in Brazil, targeting residents, or collected there. It uses a risk-based approach emphasizing accountability, principles, and data subject rights.

Key Components

**10 core principlespurpose limitation, necessity, transparency, security, prevention, accountability.
**10 legal basesconsent, contracts, legitimate interests, legal obligations.
Data subject **rightsaccess, correction, deletion, portability, anonymization.
ANPD enforcement via audits, graduated sanctions (fines to 2% Brazilian revenue, R$50M cap). Compliance model relies on records, DPIAs, DPO; no certification.

Why Organizations Use It

Mandatory to avoid multimillion fines, operational halts, reputational damage.
Builds stakeholder trust, enables market access in Brazil's digital economy.
Drives efficiency via data minimization, security enhancements.
Provides competitive advantages through privacy-by-design innovation.

Implementation Overview

Phased, risk-based: governance/DPO appointment, data mapping/RoPA, policies/DSRs, technical controls, vendor management, monitoring. Applies universally across sizes/industries/geographies processing Brazilian data. ANPD conducts audits; focus on proactive programs.

EMAS Details

What It Is

EMAS (Eco-Management and Audit Scheme) is an EU Regulation (EC) No 1221/2009 voluntary environmental management framework. It helps organizations evaluate, report, and continuously improve environmental performance across all sectors. EMAS uses a PDCA cycle integrated with ISO 14001 principles, emphasizing verified transparency and legal compliance.

Key Components

Initial environmental review, EMS implementation, internal audits, and management review.
Core performance indicators (energy, materials, water, waste, emissions, biodiversity).
Public environmental statement validated annually.
Third-party verification by accredited verifiers; registration via national Competent Bodies.

Why Organizations Use It

Drives resource efficiency and cost savings.
Ensures verified legal compliance reducing risks.
Enhances stakeholder trust and procurement advantages.
Supports ESG/CSRD reporting synergies.

Implementation Overview

Phased approach: review, EMS design, verification, registration.
Suitable for all sizes/sectors, especially EU-focused.
Requires independent audits every 3 years (SME flexibilities).

Key Differences

Aspect	LGPD	EMAS
Scope	Personal data processing, rights, security, transfers	Environmental management, performance, compliance, reporting
Industry	All sectors processing Brazilian residents' data, extraterritorial	All sectors, EU-focused voluntary environmental management
Nature	Mandatory national data protection law, ANPD enforcement	Voluntary EU regulation, verifier validation, registration
Testing	DPIAs for high-risk, ANPD audits, incident reporting	Internal audits, annual verifier validation, Competent Body review
Penalties	Fines up to 2% Brazilian revenue (R$50M cap), suspensions	No fines, registration suspension/deletion for non-compliance

Scope

LGPD

Personal data processing, rights, security, transfers

EMAS

Environmental management, performance, compliance, reporting

Industry

LGPD

All sectors processing Brazilian residents' data, extraterritorial

EMAS

All sectors, EU-focused voluntary environmental management

Nature

LGPD

Mandatory national data protection law, ANPD enforcement

EMAS

Voluntary EU regulation, verifier validation, registration

Testing

LGPD

DPIAs for high-risk, ANPD audits, incident reporting

EMAS

Internal audits, annual verifier validation, Competent Body review

Penalties

LGPD

Fines up to 2% Brazilian revenue (R$50M cap), suspensions

EMAS

No fines, registration suspension/deletion for non-compliance

Frequently Asked Questions

Common questions about LGPD and EMAS

LGPD FAQ

EMAS FAQ

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LGPD

EMAS

Quick Verdict

LGPD

Key Features

EMAS

Key Features

Detailed Analysis

LGPD Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

EMAS Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

Key Differences

Scope

Industry

Nature

Testing

Penalties

Frequently Asked Questions

LGPD FAQ

What is the primary objective of LGPD?

Who is legally or professionally required to comply with LGPD?

Does LGPD require an external audit or third-party certification?

How often should an assessment for LGPD be performed?

What are the consequences of non-compliance with LGPD?

Can LGPD be mapped to other international frameworks?

What is the first step to begin implementing LGPD?

EMAS FAQ

What is the primary objective of EMAS?

Who is legally or professionally required to comply with EMAS?

Does EMAS require an external audit or third-party certification?

How often should an assessment for EMAS be performed?

What are the consequences of non-compliance with EMAS?

Can EMAS be mapped to other international frameworks?

What is the first step to begin implementing EMAS?

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The Tool Landscape for Reaching and Maintaining ISO 27701 Compliance

Beyond the Checkbox: Why Maturity Assessments are the Secret to Sustainable Compliance

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Run Maturity Assessments with GRADUM

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ISO 13485 vs Basel III

CAA vs AS9110C