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 enforcement August 1, 2021, it mandates 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 processors handling personal data of Brazilian residents must comply with LGPD, regardless of company size or location.** Its extraterritorial scope (Art. 3) applies to any processing in Brazil, targeting Brazilian residents for goods/services, or data collected there, affecting global entities in e-commerce, fintech, healthcare, and cloud services. Controllers decide purposes/means (Art. 5, VI); processors execute instructions (Art. 5, VII); no employee/revenue thresholds exempt micro/small firms.

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

**LGPD does not mandate external audits or third-party certification.** The **Autoridade Nacional de Proteção de Dados (ANPD)** conducts audits (Arts. 55-56), but organizations must maintain internal records of processing activities (RoPAs, Art. 37), perform Data Protection Impact Assessments (DPIAs) for high-risk activities (Art. 38), and demonstrate compliance via governance programs, security measures, and DPO oversight—no formal certification is required.

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

**LGPD assessments, including RoPAs and DPIAs, must be maintained continuously with regular reviews, such as quarterly internal audits and annually for high-risk processing.** ANPD requires ongoing records (Art. 37) and incident logs for 5 years (Resolution CD/ANPD No. 15/2024); no fixed frequency is prescribed, but risk-based updates align with changes in processing, breaches, or ANPD guidance.

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

**Non-compliance with LGPD triggers graduated ANPD sanctions, including fines up to 2% of Brazilian revenue (capped at R$50 million per infraction), data processing suspension up to 6 months, and operational blocks.** Nine sanctions (Art. 52) consider gravity, cooperation, and safeguards; additional civil liabilities for damages (Art. 42) and reputational harm apply to controllers/processors handling B2B/employee data.

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

**Yes, LGPD can be mapped to other international frameworks due to shared principles like purpose limitation, minimization, transparency, and data subject rights.** Its 10 principles and bases align closely with GDPR (e.g., rights under Art. 18), enabling hybrid programs, though differences include LGPD's broader principles (prevention/non-discrimination), revenue-based fines (vs. global), and ANPD-specific rules like 3-day breach notifications.

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 (RoPA).** Controllers must designate a DPO via public written act (Art. 41, potentially universal), then inventory processing activities, flows, legal bases (Art. 7), sensitive data, and transfers to establish governance baseline.

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

**FISMA's primary objective is to establish a mandatory risk-based framework for protecting the confidentiality, integrity, and availability of federal information and information systems.** Enacted in 2002 and modernized in 2014 as part of U.S. federal law (44 U.S.C.), it requires federal agencies to develop, document, implement, and maintain comprehensive agency-wide information security programs using NIST's Risk Management Framework (RMF) from SP 800-37, including the 7-step process: Prepare, Categorize (FIPS 199), Select (SP 800-53), Implement, Assess, Authorize, and Monitor.

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

**FISMA legally requires compliance from all federal executive branch civilian agencies and any contractors, vendors, or third parties operating or processing federal information systems or data on their behalf.** This includes cloud service providers under FedRAMP, state/local entities administering federal programs (e.g., Medicaid), and system integrators handling Controlled Unclassified Information (CUI). Agency heads, CIOs, CISOs, and Authorizing Officials bear direct responsibility, with oversight by OMB, DHS/CISA, and agency Inspectors General (IGs).

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

**FISMA does not mandate external third-party certification but requires annual independent evaluations by agency Inspectors General (IGs) or designees.** IGs perform assessments using CISA's FISMA metrics aligned to NIST Cybersecurity Framework functions, assigning maturity levels (1: Ad Hoc to 5: Optimized). Contractors face agency-directed audits, such as DCSA assessments for DoD systems, with results reported via CyberScope to OMB.

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

**FISMA requires annual independent evaluations by Inspectors General, supplemented by ongoing continuous monitoring per NIST SP 800-137.** Agencies conduct system-level assessments during RMF Assess/Authorize steps, with IG reviews due by July 31 yearly. Continuous diagnostics (e.g., via DHS CDM) provide real-time control effectiveness data, feeding into quarterly POA&Ms and risk updates.

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

**Non-compliance with FISMA results in unfavorable IG reports, OMB remediation directives, operational restrictions, reduced funding, and potential contract loss or debarment for contractors.** Agencies face public exposure via OMB's annual report to Congress, increased CISA oversight, and binding operational directives. Major incidents trigger 30-day Congressional notifications; persistent failures, as in HHS's repeated "Not Effective" ratings, lead to GAO scrutiny and mission constraints.

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

**FISMA cannot be formally mapped to other international frameworks within its standalone U.S. federal context, as it is a mandatory statute tied exclusively to NIST standards like SP 800-53 and RMF.** While NIST controls share conceptual alignments (e.g., with ISO families), FISMA implementation demands agency-specific tailoring, reciprocity via RMF, and U.S. oversight (OMB/CISA/IGs), prohibiting direct equivalence.

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

**The first step to implement FISMA is the RMF Prepare phase: establish governance, assign roles (e.g., CIO, CISO, Authorizing Official), and create a complete system inventory.** Develop a risk management strategy, security program charter, and authoritative CMDB, prioritizing executive sponsorship and FIPS 199 categorization workshops to define system boundaries and impact levels.

LGPD vs FISMA | GRADUM

Standards Comparison

LGPD

Mandatory

2020

Brazil's federal regulation for personal data protection

FISMA

Mandatory

2014

U.S. federal law for risk-based information security management

Quick Verdict

LGPD mandates personal data protection for Brazil-targeted firms with rights and fines, while FISMA requires risk-based security for US federal systems via NIST RMF. Companies adopt LGPD for Brazilian compliance, FISMA for federal contracts and resilience.

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 framework
Fines up to 2% Brazilian revenue R$50M cap
Mandatory DPO appointment with public disclosure required
3-business-day breach notifications to ANPD subjects

Cybersecurity

FISMA

Federal Information Security Modernization Act of 2014

Cost

€€€€

Complexity

High

Implementation Time

18-24 months

Key Features

NIST RMF seven-step lifecycle process
Continuous monitoring and diagnostics requirements
FIPS 199 system impact categorization
NIST SP 800-53 tailored security controls
Annual IG evaluations and OMB reporting

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 fully enforced since 2021, it governs personal data processing with extraterritorial scope for any targeting Brazilian residents. Built on a risk-based approach, it mandates 10 core principles like purpose limitation, necessity, and accountability.

Key Components

**10 principlesPurpose limitation, adequacy, necessity, transparency, security, prevention, non-discrimination, accountability.
**Data subject rightsAccess, correction, deletion, portability, anonymization, objection to automated decisions.
**10 legal basesConsent, contracts, legitimate interests, legal obligations, sensitive data restrictions.
**Governance toolsMandatory DPO for controllers, DPIAs for high-risk, RoPAs, enforced by ANPD with graduated sanctions up to 2% Brazilian revenue (R$50M cap).

Why Organizations Use It

Mandatory for compliance, avoiding multimillion fines, suspensions, reputational harm. Drives trust, market access in Brazil's economy, GDPR synergies, breach risk reduction, competitive differentiation via privacy-by-design.

Implementation Overview

Phased risk-based: governance/DPO appointment, data mapping/RoPAs, policies/DSRs, technical controls, vendor DPAs/SCCs, training, audits. Applies universally across sizes/industries/geographies processing Brazilian data; ANPD audits, no formal certification.

FISMA Details

What It Is

Federal Information Security Modernization Act (FISMA) is a U.S. federal law establishing a risk-based framework for protecting federal information and systems. Enacted in 2014, it mandates agency-wide security programs focusing on confidentiality, integrity, and availability, primarily via NIST Risk Management Framework (RMF)'s seven steps: Prepare, Categorize, Select, Implement, Assess, Authorize, Monitor.

Key Components

NIST SP 800-53 controls (over 1,000 across 20 families) tailored by FIPS 199 impact levels (Low/Moderate/High).
Continuous monitoring, incident reporting, and System Security Plans (SSPs).
Oversight by OMB, DHS/CISA, and Inspectors General with maturity models.
Compliance through annual evaluations, no formal certification but ATOs required.

Why Organizations Use It

Mandatory for federal agencies and contractors; reduces breach risks, ensures market access (e.g., FedRAMP), builds resilience, and aligns cybersecurity with missions. Enhances trust and efficiency.

Implementation Overview

Phased RMF approach: inventory, categorize, implement controls, assess/authorize, monitor. Applies to agencies, contractors; suits all sizes via tailoring. Involves audits, POA&Ms, reporting.

Key Differences

Aspect	LGPD	FISMA
Scope	Personal data processing, rights, transfers	Federal info systems security, RMF lifecycle
Industry	All sectors targeting Brazil, extraterritorial	US federal agencies, contractors, civilian
Nature	Mandatory Brazilian regulation, ANPD enforcement	Mandatory US federal law, NIST standards
Testing	DPIAs for high-risk, ANPD audits	Continuous monitoring, IG annual assessments
Penalties	2% Brazilian revenue fines (R$50M cap)	Contract loss, IG reports, no direct fines

Scope

LGPD

Personal data processing, rights, transfers

FISMA

Federal info systems security, RMF lifecycle

Industry

LGPD

All sectors targeting Brazil, extraterritorial

FISMA

US federal agencies, contractors, civilian

Nature

LGPD

Mandatory Brazilian regulation, ANPD enforcement

FISMA

Mandatory US federal law, NIST standards

Testing

LGPD

DPIAs for high-risk, ANPD audits

FISMA

Continuous monitoring, IG annual assessments

Penalties

LGPD

2% Brazilian revenue fines (R$50M cap)

FISMA

Contract loss, IG reports, no direct fines

Frequently Asked Questions

Common questions about LGPD and FISMA

LGPD FAQ

FISMA FAQ

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LGPD

FISMA

Quick Verdict

LGPD

Key Features

FISMA

Key Features

Detailed Analysis

LGPD Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

FISMA 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?

FISMA FAQ

What is the primary objective of FISMA?

Who is legally or professionally required to comply with FISMA?

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

How often should an assessment for FISMA be performed?

What are the consequences of non-compliance with FISMA?

Can FISMA be mapped to other international frameworks?

What is the first step to begin implementing FISMA?

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GDPR UK vs APRA CPS 234

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