Standards Comparison

    LGPD

    Mandatory
    2020

    Brazil's comprehensive regulation for personal data protection

    VS

    NIST 800-53

    Mandatory
    2020

    U.S. federal catalog of security and privacy controls

    Quick Verdict

    LGPD mandates data protection for Brazilian residents with fines up to 2% revenue, while NIST 800-53 offers voluntary security/privacy controls for federal systems. Companies adopt LGPD for Brazil compliance, NIST for robust risk management and FedRAMP.

    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 for data targeting Brazilian residents
    • 10 principles including prevention and non-discrimination
    • Fines up to 2% Brazilian revenue, R$50M cap
    • Mandatory Data Protection Officer for controllers
    • ANPD-approved SCCs mandatory for cross-border transfers
    Security Controls

    NIST 800-53

    NIST SP 800-53 Rev. 5 Security and Privacy Controls

    Cost
    €€€
    Complexity
    Medium
    Implementation Time
    18-24 months

    Key Features

    • 20 families with 1,100+ outcome-based security/privacy controls
    • Low/moderate/high baselines plus privacy baseline in SP 800-53B
    • Risk-based tailoring, overlays, and organization-defined parameters
    • Full RMF lifecycle integration for select, assess, monitor
    • OSCAL machine-readable formats for automation and reciprocity

    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 and sensitive data processing with extraterritorial scope targeting Brazilian residents. Adopting a risk-based approach, it emphasizes 10 core principles like purpose limitation, necessity, transparency, security, prevention, non-discrimination, and accountability.

    Key Components

    • 10 principles for ethical processing.
    • 10 legal bases (e.g., consent, legitimate interests, contract execution).
    • Data subject rights: access, correction, deletion, portability, objection to automated decisions.
    • ANPD enforcement with graduated sanctions; mandatory DPO, DPIAs for high-risk activities, RoPAs.

    Why Organizations Use It

    Mandatory for all processing Brazilian data to avoid fines up to 2% Brazilian revenue (R$50M cap), operational suspensions. Builds trust, enables market access in Brazil's digital economy, reduces breach risks, leverages anonymization for innovation.

    Implementation Overview

    Phased risk-based methodology: governance/DPO appointment, data mapping/RoPA, policies/contracts/SCCs, technical controls/training, DSR/incident response, monitoring/audits. Applies universally across sizes/industries; ANPD audits, no formal certification.

    NIST 800-53 Details

    What It Is

    NIST SP 800-53 Revision 5 is the U.S. federal government's primary catalog of security and privacy controls for information systems and organizations. This control framework provides flexible, outcome-based safeguards to protect confidentiality, integrity, availability, and privacy risks through a risk-informed approach integrated with the Risk Management Framework (RMF).

    Key Components

    • 20 control families (e.g., AC, AU, SR) with over 1,100 base controls and enhancements.
    • Baselines in SP 800-53B: Low, Moderate, High impact levels per FIPS 199, plus privacy baseline.
    • Tailoring, overlays, parameters for customization; linked to SP 800-53A assessments.
    • No formal certification; compliance via RMF authorization to operate (ATO).

    Why Organizations Use It

    • Mandatory for federal agencies/contractors under FISMA/OMB A-130.
    • Enhances risk management, operational resilience, supply chain security.
    • Builds stakeholder trust, enables reciprocity, supports FedRAMP/cloud.
    • Voluntary adoption for competitive edge in regulated industries.

    Implementation Overview

    • Phased RMF: categorize, select/tailor baselines, implement, assess, monitor.
    • Applies to all sizes/industries processing federal data; heavy documentation, automation via OSCAL recommended.

    Key Differences

    Scope

    LGPD
    Personal data processing, rights, transfers
    NIST 800-53
    Security/privacy controls catalog, CIA+PII

    Industry

    LGPD
    All sectors, Brazil residents globally
    NIST 800-53
    Federal systems, voluntary private sector

    Nature

    LGPD
    Mandatory Brazilian regulation, ANPD enforcement
    NIST 800-53
    Voluntary control framework, RMF guidance

    Testing

    LGPD
    DPIAs for high-risk, ANPD audits
    NIST 800-53
    SP 800-53A assessments, continuous monitoring

    Penalties

    LGPD
    2% Brazilian revenue fines, R$50M cap
    NIST 800-53
    No direct fines, contract/ATO loss

    Frequently Asked Questions

    Common questions about LGPD and NIST 800-53

    LGPD FAQ

    NIST 800-53 FAQ

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