Standards Comparison

    LGPD

    Mandatory
    2020

    Brazil's comprehensive regulation for personal data protection

    VS

    ISO 13485

    Mandatory
    2016

    International standard for medical device quality management systems

    Quick Verdict

    LGPD mandates data protection for Brazilian residents across industries, enforced by ANPD fines. ISO 13485 certifies voluntary QMS for medical devices, ensuring safety via audits. Companies adopt LGPD for legal compliance, ISO 13485 for market access and quality.

    Data Privacy

    LGPD

    Lei Geral de Proteção de Dados Pessoais (Law No. 13.709/2018)

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months

    Key Features

    • Extraterritorial scope targets Brazilian residents' data processing
    • 10 core principles expand GDPR with prevention, non-discrimination
    • Fines up to 2% Brazilian revenue capped at R$50M
    • Mandatory DPO appointment and public disclosure for controllers
    • 3-business-day breach notifications to ANPD and subjects
    Quality Management

    ISO 13485

    ISO 13485:2016 Medical devices Quality management systems

    Cost
    €€€€
    Complexity
    High
    Implementation Time
    12-18 months

    Key Features

    • Risk-based QMS for medical device lifecycle
    • Regulatory compliance and post-market surveillance
    • Design development and process validation controls
    • Supplier evaluation and outsourcing management
    • Traceability and documentation 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 landmark comprehensive data protection regulation. Enacted in 2018 with full enforcement from 2021, it protects personal data of natural persons via extraterritorial scope, applying to processing in Brazil, targeting residents, or collected there. It employs a risk-based approach with principles, rights, and obligations enforced by ANPD.

    Key Components

    • **10 core principlespurpose limitation, adequacy, necessity, transparency, security, prevention, non-discrimination, accountability.
    • Data subject rights (Art. 18): access, correction, deletion, portability, anonymization, objection to automated decisions.
    • 10 legal bases (Art. 7): consent, contracts, legitimate interests, sensitive data restrictions.
    • **Governance toolsmandatory DPO, Records of Processing Activities (RoPAs), DPIAs for high-risk, 3-day breach notifications.
    • **ANPD sanctionsgraduated fines to 2% Brazilian revenue (R$50M cap).

    Why Organizations Use It

    Mandatory for compliance, avoiding multimillion fines, operational halts, reputational harm. Builds stakeholder trust, enables market access in Brazil's digital economy, reduces cyber risks, leverages anonymization for innovation.

    Implementation Overview

    **Phased, risk-basedgovernance/DPO appointment, data mapping/RoPAs, policies/contracts/SCCs, technical controls/training/DSRs, monitoring/audits. Applies universally to public/private entities, all sizes, industries like fintech/healthcare/e-commerce; ANPD audits, no formal certification.

    ISO 13485 Details

    What It Is

    ISO 13485:2016 is the international standard titled Medical devices — Quality management systems — Requirements for regulatory purposes. It establishes a risk-based framework for QMS to ensure organizations consistently provide safe medical devices meeting customer and regulatory needs across the device lifecycle, from design to post-market surveillance.

    Key Components

    • Organized into Clauses 4–8: QMS/documentation, management responsibility, resources, product realization, measurement/analysis/improvement.
    • Emphasizes documented procedures, validation, traceability, risk management (per ISO 14971), supplier controls, and post-market activities.
    • Built on process approach; certification via accredited bodies through staged audits (Stage 1 readiness, Stage 2 implementation).

    Why Organizations Use It

    • Facilitates market access (EU MDR, FDA QMSR alignment by 2026), reduces compliance risks.
    • Enhances patient safety, operational efficiency, supply chain resilience.
    • Builds stakeholder trust, competitive edge via certification as regulatory maturity proxy.

    Implementation Overview

    • Phased approach: gap analysis, documentation/process design, training/validation, internal audits/management review, certification.
    • Suited for manufacturers/suppliers globally; 9–18 months typical, scalable by size/complexity.

    Key Differences

    Scope

    LGPD
    Personal data protection and processing
    ISO 13485
    Medical device quality management systems

    Industry

    LGPD
    All sectors processing Brazilian data
    ISO 13485
    Medical devices and related services

    Nature

    LGPD
    Mandatory Brazilian data protection law
    ISO 13485
    Voluntary QMS certification standard

    Testing

    LGPD
    ANPD audits and DPIAs for high-risk
    ISO 13485
    Certification body audits, process validation

    Penalties

    LGPD
    Fines up to 2% Brazilian revenue
    ISO 13485
    Loss of certification, no direct fines

    Frequently Asked Questions

    Common questions about LGPD and ISO 13485

    LGPD FAQ

    ISO 13485 FAQ

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