LGPD
Brazil's comprehensive regulation for personal data protection
ISO/IEC 42001:2023
International standard for AI management systems
Quick Verdict
LGPD mandates personal data protection for Brazilian residents with fines up to 2% revenue, while ISO/IEC 42001:2023 is a voluntary AI governance framework for global organizations. Companies adopt LGPD for legal compliance, ISO 42001 for ethical AI trust and certification.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law No. 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents' data
- 10 principles including prevention and non-discrimination
- Fines up to 2% Brazilian revenue per infraction
- Mandatory DPO for controllers with public disclosure
- ANPD-approved SCCs required for cross-border transfers
ISO/IEC 42001:2023
ISO/IEC 42001:2023 Artificial intelligence — Management system
Key Features
- PDCA framework for AI management systems
- Mandatory AI Impact Assessments for high-risk systems
- 38 AI-specific controls in Annex A
- Full lifecycle management from inception to retirement
- Seamless integration with ISO 27001/9001
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 federal data protection regulation. Enacted in 2018 and enforced since 2021, it safeguards personal data with extraterritorial scope, applying to processing in Brazil, targeting residents, or collected there. It uses a risk-based approach emphasizing accountability and data minimization.
Key Components
- **10 core principlespurpose limitation, adequacy, necessity, transparency, security, prevention, non-discrimination, accountability.
- **Data subject rightsaccess, correction, deletion, portability, anonymization, objection to automated decisions.
- 10 legal bases for processing, including consent and legitimate interests; stricter for sensitive data.
- ANPD enforcement with graduated sanctions; mandatory records, DPIAs for high-risk activities.
Why Organizations Use It
- Legal compliance avoids fines up to 2% Brazilian revenue (R$50M cap), suspensions.
- Enhances trust, supports market access in Brazil's digital economy.
- Mitigates breach risks, enables innovation via anonymization exemptions.
Implementation Overview
Phased: governance/DPO appointment, data mapping/RoPA, policies/controls, DSR/incident processes, monitoring. Applies universally to public/private entities processing Brazilian data; ANPD audits required, no certification.
ISO/IEC 42001:2023 Details
What It Is
ISO/IEC 42001:2023 is the world's first international certifiable standard for Artificial Intelligence Management Systems (AIMS). It establishes requirements to responsibly govern AI risks and opportunities across the full lifecycle, employing a risk-based Plan-Do-Check-Act (PDCA) methodology aligned with ISO's High-Level Structure (HLS).
Key Components
- Clauses 4-10: Context, leadership, planning, support, operation, performance evaluation, improvement
- **Annex A38 AI-specific controls addressing data governance, transparency, integrity, resiliency
- Built on Annex SL for integration with ISO 27001, 9001
- Third-party certification model, 3-year validity with annual surveillance audits
Why Organizations Use It
Drives ethical AI, mitigates bias/model drift, ensures EU AI Act alignment, builds stakeholder trust, enables premium pricing/procurement advantages, reduces insurance costs, enhances reputation and innovation.
Implementation Overview
Phased: gap analysis, AI Impact Assessments, training, lifecycle controls, audits. Universal applicability to all sizes/sectors/AI roles; 6-12 months typical, accelerated via existing ISO systems.
Key Differences
| Aspect | LGPD | ISO/IEC 42001:2023 |
|---|---|---|
| Scope | Personal data processing and protection | AI management systems and lifecycle governance |
| Industry | All sectors targeting Brazilian residents | All industries worldwide using AI |
| Nature | Mandatory Brazilian law with ANPD enforcement | Voluntary international certification standard |
| Testing | DPIAs for high-risk, ANPD audits | AIIAs, internal audits, third-party certification |
| Penalties | Fines up to 2% Brazilian revenue (R$50M cap) | No legal penalties, loss of certification |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and ISO/IEC 42001:2023
LGPD FAQ
ISO/IEC 42001:2023 FAQ
You Might also be Interested in These Articles...
CMMC Sustainment Mastery: Continuous Monitoring, Annual Affirmations, and Subcontractor Flow-Down Playbook
Master CMMC sustainment beyond certification: continuous monitoring dashboards, SPRS/eMASS affirmations, enforceable subcontractor clauses. Get templates for ve
NIST 800-53 Private Sector ROI Uncovered: 2025 Podcast Deep Dive into Control Family Impact on $10M+ Breach Aversions
Uncover NIST 800-53 ROI in healthcare & finance: RA, SI, IR controls break even after 1-2 incidents ($100K-$10M savings). Podcast deep dive with CISO metrics fo
What if the EU would not have made GDPR mandatory...
Explore a world without mandatory GDPR: How would organizations manage data? What data privacy regs would emerge? Uncover impacts on businesses and privacy laws
Run Maturity Assessments with GRADUM
Transform your compliance journey with our AI-powered assessment platform
Assess your organization's maturity across multiple standards and regulations including ISO 27001, DORA, NIS2, NIST, GDPR, and hundreds more. Get actionable insights and track your progress with collaborative, AI-powered evaluations.
Check out these other Gradum.io Standards Comparison Pages
PDPA vs ISA 95
Compare PDPA vs ISA 95: Unpack Singapore's data privacy law against manufacturing's enterprise-control standard. Master compliant IT/OT integration, secure data flows & risk mitigation. Dive in now!
CSA vs AS9120B
Compare CSA vs AS9120B: Key differences in OHS safety standards & aerospace QMS. Master compliance, risks, implementation strategies for distributors. Boost your ops now!
BREEAM vs FedRAMP
Compare BREEAM vs FedRAMP: green building sustainability cert vs US federal cloud security std. Key diffs, baselines & strategies for compliance success. Explore now!