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

**The primary objective of LGPD is to protect the fundamental rights of freedom and privacy of natural persons through the regulation of personal data processing by public and private entities.** Enacted as Law No. 13,709/2018 on August 14, 2018, it unifies fragmented norms under 10 core principles (Art. 6), including purpose limitation, necessity, transparency, security, prevention, non-discrimination, and accountability, while granting data subjects rights like access, correction, deletion, portability, and objection to automated decisions (Art. 18).

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

**All controllers and operators processing personal data in Brazil, targeting Brazilian residents, or collected therein must comply with LGPD, regardless of company size or location.** Its extraterritorial scope (Art. 3) applies to any entity handling identified/identifiable natural persons' data or sensitive data (e.g., health, biometrics; Art. 5), including multinationals in e-commerce, fintech, and cloud services; no thresholds exempt micro/small firms.

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

**LGPD does not mandate external audits or third-party certification for compliance.** The **Autoridade Nacional de Proteção de Dados (ANPD)** conducts audits (Art. 55), but organizations must maintain Records of Processing Activities (RoPAs; Art. 37), perform Data Protection Impact Assessments (DPIAs) for high-risk activities (Art. 38), and demonstrate accountability via internal governance, with voluntary certifications possible for maturity.

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

**LGPD assessments, including RoPAs and DPIAs, must be maintained continuously and updated for changes in processing activities.** ANPD guidance recommends ongoing monitoring, quarterly internal reviews for high-risk operations, annual full audits, and ad-hoc reassessments for new projects, incidents, or regulatory updates like Resolution CD/ANPD No. 15/2024 on breaches.

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

**Non-compliance with LGPD triggers 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, partial/total deletion, and public disclosure.** Factors like gravity, cooperation, and recidivism apply (Art. 52-57); civil claims for damages (Art. 42) and operational halts add risks.

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

**Yes, LGPD can be mapped to other international frameworks due to shared principles like purpose limitation, minimization, and data subject rights.** Its 10 principles and bases align closely with GDPR (e.g., extraterritoriality, DPIAs), enabling hybrid programs, though differences like revenue-based fines (vs. global) and no adequacy decisions 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).** Per Art. 41 and ANPD rules, publish DPO details; inventory data flows, legal bases (Art. 7), sensitive data, and transfers to prioritize risks under Phase 0 governance.

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

**FERPA’s primary objective is to protect the privacy of parents and students by regulating access to and disclosure of personally identifiable information (PII) in education records.** Enacted in 1974 as section 444 of the General Education Provisions Act and codified at 20 U.S.C. § 1232g with regulations at 34 CFR Part 99, it grants rights to inspect records within 45 days (§99.10), amend inaccurate records (§99.20), and control disclosures via signed consent (§99.30), balanced by exceptions like school officials with legitimate educational interests (§99.31(a)(1)).

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

**FERPA applies to educational agencies or institutions receiving funds under programs administered by the U.S. Secretary of Education, including via student aid like Pell Grants (§99.1).** Coverage extends institution-wide to all components maintaining education records (§99.1(d)); private K-12 schools without federal funds are exempt (§99.1(b)). Eligible students (age 18+ or postsecondary) and parents hold rights, transferring at eligibility (§99.5).

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

**No, FERPA does not mandate external audits or third-party certification.** Compliance is demonstrated through internal controls like annual notifications (§99.7), disclosure recordkeeping (§99.32), and procedures for access/amendment. The Department of Education’s Family Policy Compliance Office investigates complaints (§99.63) and may request policies or logs, but no formal certification exists.

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

**FERPA requires annual notification of rights to parents/eligible students (§99.7(a)(1)), but does not specify assessment frequency.** Institutions should conduct regular internal reviews of data inventories, access controls, disclosure logs, and vendor contracts, aligned with operational needs like access reviews (e.g., monthly for high-risk roles) and audits to ensure ongoing compliance with §99.31 reasonable methods and §99.32 recordkeeping.

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

**Non-compliance can result in Department of Education enforcement, including withholding federal funds, cease-and-desist orders, or termination of funding eligibility (§99.67(a)).** Complaints are filed with the Family Policy Compliance Office within 180 days (§99.64(c)); violators face investigations, remedial actions, and five-year bans on third-party PII access (§99.67(c)-(e)). No private right of action exists.

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

**FERPA’s structure of rights, consent, and exceptions can align with other frameworks, but no formal mapping is prescribed in 34 CFR Part 99.** Its PII definition (§99.3), access timelines, and disclosure logging parallel elements in global privacy laws, enabling gap analyses for institutions handling cross-border data, though FERPA’s funding-based enforcement is unique.

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

**The first step is to publish an annual notification of FERPA rights, including procedures for inspection, amendment, consent, and complaint filing (§99.7(a)).** This must specify school official criteria and legitimate educational interest if used (§99.7(a)(3)), delivered via means reasonably likely to inform parents/eligible students, establishing foundational governance.

LGPD vs FERPA | GRADUM

Standards Comparison

LGPD

Mandatory

2020

Brazil's comprehensive regulation for personal data protection

FERPA

Mandatory

1974

U.S. regulation protecting privacy of student education records

Quick Verdict

LGPD mandates comprehensive personal data protection for Brazilian residents across industries with fines up to 2% revenue, while FERPA safeguards US student education records in schools via access rights and disclosure limits to protect federal funding eligibility.

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 targets Brazilian residents worldwide
10 core principles expand beyond GDPR's seven
Fines up to 2% Brazilian revenue capped R$50M
Mandatory DPO appointment for controllers with public disclosure
3-business-day breach notifications to ANPD and subjects

Student Privacy

FERPA

Family Educational Rights and Privacy Act of 1974

Cost

€€€

Complexity

High

Implementation Time

6-12 months

Key Features

Rights to inspect, amend, and consent to PII disclosures
Expansive PII definition including indirect identifiers
Exceptions for school officials and health/safety emergencies
Mandatory annual notifications and disclosure recordkeeping
Vendor governance under direct control requirements

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 Brazilian residents with extraterritorial scope, applying to any processing targeting them or occurring in Brazil. It employs a risk-based approach with 10 core principles like purpose limitation, necessity, and accountability.

Key Components

10 principles governing all processing activities.
**Data subject rightsaccess, correction, deletion, portability, anonymization.
**Legal bases10 options including consent, contracts, legitimate interests.
**Governancemandatory DPO for controllers, DPIAs for high-risk processing, RoPAs.
Enforcement by ANPD with graduated sanctions up to 2% Brazilian revenue (R$50M cap).

Why Organizations Use It

LGPD compliance avoids multimillion fines, operational halts, and reputational damage. It builds stakeholder trust, enables market access in Brazil's digital economy, and supports innovation via anonymization exemptions. Risk management reduces breach impacts amid rising cyber threats.

Implementation Overview

Phased risk-based methodology: governance setup, data mapping, policies, controls, DSR operationalization, monitoring. Applies to all sizes/industries processing Brazilian data; no certification but ANPD audits enforce via records and notifications.

FERPA Details

What It Is

FERPA (Family Educational Rights and Privacy Act), codified at 20 U.S.C. § 1232g with regulations at 34 CFR Part 99, is a U.S. federal regulation establishing privacy protections for student education records. It grants rights to parents and eligible students for access, amendment, and control over disclosures of personally identifiable information (PII), using a consent-based approach with defined exceptions.

Key Components

Core rights: inspect/review (45 days), amend inaccurate records, consent to disclosures.
Definitions: education records, PII (direct/indirect identifiers), directory information.
Exceptions (15+): school officials with legitimate educational interest, emergencies, subpoenas.
Obligations: annual notices, disclosure logs, vendor controls.
Enforcement via funding withholding.

Why Organizations Use It

Mandatory for federal fund recipients (K-12, postsecondary).
Mitigates legal risks, builds stakeholder trust.
Enables safe data sharing, vendor management.
Supports innovation in edtech/analytics.

Implementation Overview

Phased: governance, data inventory, policies/training, technical controls (RBAC, logging), vendor audits.
Applies to funded educational institutions U.S.-wide.
No certification; compliance via self-audits, DOE investigations. (178 words)

Key Differences

Aspect	LGPD	FERPA
Scope	Personal data processing, rights, transfers	Student education records and PII privacy
Industry	All sectors, Brazil residents, extraterritorial	Educational institutions receiving US funds
Nature	Mandatory comprehensive data protection law	Mandatory federal student privacy regulation
Testing	DPIAs for high-risk, ANPD audits	Access controls, disclosure logs, self-audits
Penalties	Fines up to 2% Brazilian revenue, R$50M cap	Federal funding loss, corrective actions

Scope

LGPD

Personal data processing, rights, transfers

FERPA

Student education records and PII privacy

Industry

LGPD

All sectors, Brazil residents, extraterritorial

FERPA

Educational institutions receiving US funds

Nature

LGPD

Mandatory comprehensive data protection law

FERPA

Mandatory federal student privacy regulation

Testing

LGPD

DPIAs for high-risk, ANPD audits

FERPA

Access controls, disclosure logs, self-audits

Penalties

LGPD

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

FERPA

Federal funding loss, corrective actions

Frequently Asked Questions

Common questions about LGPD and FERPA

LGPD FAQ

FERPA FAQ

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LGPD

FERPA

Quick Verdict

LGPD

Key Features

FERPA

Key Features

Detailed Analysis

LGPD Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

FERPA 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?

Oes 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?

An LGPD be mapped to other international frameworks?

What is the first step to begin implementing LGPD?

FERPA FAQ

What is the primary objective of FERPA?

Who is legally or professionally required to comply with FERPA?

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

How often should an assessment for FERPA be performed?

What are the consequences of non-compliance with FERPA?

Can FERPA be mapped to other international frameworks?

What is the first step to begin implementing FERPA?

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