LGPD
Brazil's comprehensive law for personal data protection
EPA
U.S. federal regulations for environmental protection standards
Quick Verdict
LGPD mandates personal data protection for Brazilian residents with rights and DPIAs, while EPA enforces environmental standards via permits and monitoring. Companies adopt LGPD for privacy compliance and market access, EPA to avoid pollution fines and operational shutdowns.
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 (R$50M cap)
- Mandatory Data Protection Officer for controllers
- SCCs mandatory for cross-border transfers by 2025
EPA
U.S. EPA Environmental Standards (40 CFR)
Key Features
- Family of CAA, CWA, RCRA regulations
- Technology-based and health-based standards
- NPDES and Title V permitting systems
- Evidence-driven monitoring and reporting
- Federal-state enforcement partnerships
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), Brazil's Law No. 13.709/2018, is a comprehensive data protection regulation akin to GDPR. It governs personal data processing with extraterritorial scope, applying to any data of Brazilian residents. Primary purpose: safeguard privacy rights via risk-based obligations on controllers and processors.
Key Components
- **10 core principlespurpose limitation, 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.
- EnforcementANPD** imposes graduated sanctions; mandatory DPO, DPIAs for high-risk, RoPAs.
Why Organizations Use It
Legal compliance avoids fines up to 2% Brazilian revenue (R$50M cap). Enhances trust, enables market access in Brazil's digital economy, reduces breach risks amid cyber threats. Builds competitive edge via privacy-by-design.
Implementation Overview
Phased approach: governance/DPO appointment, data mapping/RoPA, policies, technical controls, training, audits. Applies to all sizes/industries processing Brazilian data; no certification but ANPD audits enforced since 2021.
EPA Details
What It Is
EPA standards are a family of legally binding federal regulations codified in 40 CFR, implementing major U.S. environmental statutes like the Clean Air Act (CAA), Clean Water Act (CWA), and Resource Conservation and Recovery Act (RCRA). Their primary purpose is protecting human health and the environment through emission limits, discharge controls, and waste management. The approach combines technology-based performance standards with health-based ambient criteria in a multi-layered system.
Key Components
- Ambient standards (NAAQS) and technology-based limits (MACT, effluent guidelines).
- Permitting mechanisms (NPDES, Title V).
- Monitoring, recordkeeping, reporting (e.g., DMRs, 40 CFR Part 136 methods).
- RCRA hazardous waste controls (Subparts AA/BB/CC). Built on statutory authority with federal-state implementation; compliance via permits, no central certification.
Why Organizations Use It
Mandatory for regulated entities to avoid civil/criminal penalties, ensure operational continuity, and manage risks. Benefits include defensible data governance, ESG alignment, cost savings from efficiencies, and stakeholder trust.
Implementation Overview
Phased: gap analysis, regulatory mapping, controls design, training, digital monitoring integration. Applies to U.S. facilities in manufacturing, energy, waste sectors; ongoing audits via ECHO/ICIS.
Key Differences
| Aspect | LGPD | EPA |
|---|---|---|
| Scope | Personal data processing and protection | Environmental pollution control and standards |
| Industry | All sectors, Brazil residents, extraterritorial | Energy, manufacturing, waste, US-wide |
| Nature | Mandatory data protection law, ANPD enforcement | Mandatory environmental regulations, EPA enforcement |
| Testing | DPIAs for high-risk, DPO oversight, audits | Monitoring, sampling, QA/QC, inspections |
| Penalties | 2% Brazilian revenue, max R$50M per violation | Civil fines, injunctions, criminal liability |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and EPA
LGPD FAQ
EPA FAQ
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