Standards Comparison

    LGPD

    Mandatory
    2020

    Brazil's comprehensive regulation for personal data protection

    VS

    J-SOX

    Mandatory
    2008

    Japanese regulation for internal controls over financial reporting

    Quick Verdict

    LGPD mandates data protection for Brazilian residents' personal data with fines up to 2% revenue, while J-SOX requires listed firms to assess financial reporting controls annually. Companies adopt LGPD for privacy compliance, J-SOX for market trust and regulatory filings.

    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 targeting Brazilian residents' data
    • 10 core principles including prevention and non-discrimination
    • Fines up to 2% Brazilian revenue per infraction
    • Mandatory DPO appointment for controllers
    • 3-business-day breach notifications to ANPD
    Financial Reporting

    J-SOX

    Financial Instruments and Exchange Act (FIEA)

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

    Key Features

    • Management assessment of ICFR effectiveness
    • External auditor attestation on management report
    • Principles-based risk scoping and flexibility
    • Explicit focus on IT general controls
    • COSO-aligned framework with IT response element

    Detailed Analysis

    A comprehensive look at the specific requirements, scope, and impact of each standard.

    LGPD Details

    What It Is

    LGPD (Lei Geral de Proteção de Dados Pessoais, Law No. 13.709/2018) is Brazil's comprehensive data protection regulation. It governs personal data processing with extraterritorial scope, applying to any entity targeting Brazilian residents. Primary purpose: safeguard privacy rights via risk-based accountability, mirroring GDPR but with Brazilian nuances like 10 principles.

    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, credit protection.
    • **Governancemandatory DPO for controllers, DPIAs for high-risk processing, ANPD enforcement with graduated sanctions.

    Why Organizations Use It

    Legal obligation with fines up to 2% Brazilian revenue (R$50M cap). Reduces breach risks, builds trust, enables market access in Brazil's digital economy. Competitive edge via privacy-by-design, synergies with GDPR.

    Implementation Overview

    **Phased risk-based approachgovernance setup, data mapping/RoPA, policies, technical controls, DSR/incident processes, audits. Applies to all sizes/industries processing Brazilian data; no certification but ANPD audits required.

    J-SOX Details

    What It Is

    J-SOX, or Japan's Financial Instruments and Exchange Act (FIEA) internal control provisions, is a regulation mandating internal controls over financial reporting (ICFR) for listed companies. Enacted in 2006 and effective from April 2008, it ensures reliable financial disclosures via management assessment and external auditor review, using a principles-based, risk-based approach aligned with COSO.

    Key Components

    • Five COSO components plus explicit IT response and asset preservation.
    • Entity-level, process-level, and IT general controls (ITGCs).
    • No fixed control count; focuses on key controls mitigating material misstatement risks.
    • Management evaluation with auditor attestation on report reliability.

    Why Organizations Use It

    • Mandatory for ~3,800 listed firms and subsidiaries.
    • Enhances investor trust, reduces restatement risks, improves governance.
    • Strategic benefits: operational efficiency, audit cost savings via automation.

    Implementation Overview

    • **Phasedgovernance, scoping, design, testing, reporting.
    • Targets listed companies in Japan; multinationals align with global ICFR.
    • Requires annual assessments, documentation, FSA oversight. (178 words)

    Key Differences

    Scope

    LGPD
    Personal data processing, rights, transfers
    J-SOX
    Internal controls over financial reporting

    Industry

    LGPD
    All sectors, Brazil residents, extraterritorial
    J-SOX
    Listed companies and subsidiaries, Japan-focused

    Nature

    LGPD
    Mandatory data protection regulation
    J-SOX
    Mandatory ICFR reporting under securities law

    Testing

    LGPD
    DPIAs for high-risk, incident reporting
    J-SOX
    Annual management assessment, auditor attestation

    Penalties

    LGPD
    2% Brazil revenue fines (R$50M cap)
    J-SOX
    Fines, listing suspension, reputational damage

    Frequently Asked Questions

    Common questions about LGPD and J-SOX

    LGPD FAQ

    J-SOX FAQ

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