LGPD
Brazil's comprehensive regulation for personal data protection
REACH
EU regulation for chemicals registration, evaluation, authorisation, restriction
Quick Verdict
LGPD governs personal data protection for Brazilian residents with rights and breach notifications, while REACH mandates chemical registration and risk assessments for EU market access. Companies adopt LGPD for Brazil compliance, REACH to sell chemicals/products legally.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents' data processing
- 10 core principles including prevention and non-discrimination
- Fines up to 2% Brazilian revenue capped at R$50 million
- Mandatory Data Protection Officer for controllers
- ANPD-approved SCCs required for cross-border transfers
REACH
Regulation (EC) No 1907/2006 (REACH)
Key Features
- Shifts chemical risk management burden to industry
- Requires registration for substances over 1 tonne/year
- SVHC Candidate List triggers communication obligations
- Authorisation regime for very high concern substances
- Annex XVII restrictions impose EU-wide bans/limits
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 federal regulation establishing a comprehensive, risk-based framework for personal data processing. Enacted in 2018 with full enforcement since 2021, it protects data subjects' rights with extraterritorial scope applying to any processing targeting Brazilian residents.
Key Components
- **10 core principlespurpose limitation, necessity, transparency, security, prevention, non-discrimination, accountability, and more.
- **Data subject rightsaccess, correction, deletion, portability, objection to automated decisions.
- **10 legal basesconsent, contracts, legitimate interests, sensitive data restrictions.
- **Governancemandatory DPO for controllers, DPIAs for high-risk processing, RoPAs. Enforced by ANPD via graduated sanctions including fines up to 2% Brazilian revenue (R$50M cap).
Why Organizations Use It
LGPD compliance is legally mandatory, avoiding multimillion fines, operational suspensions, and reputational harm. It drives trust, market access in Brazil's digital economy, risk reduction for breaches, and competitive advantages like privacy-by-design for AI innovation.
Implementation Overview
Phased risk-based approach: governance/DPO appointment, data mapping/RoPAs, policies/contracts/SCCs, technical controls/training, DSR/incident response, ongoing audits. Applies universally to public/private entities processing personal data, no size exemptions; ANPD audits enforce.
REACH Details
What It Is
REACH (Regulation (EC) No 1907/2006) is a directly applicable EU regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals. Its primary purpose is to ensure a high level of protection for human health and the environment from chemical risks while promoting innovation. It employs a responsibility-shift approach, placing the burden on industry to generate and manage safety data.
Key Components
- Four pillars: Registration (>1 tonne/year), Evaluation (dossier checks), Authorisation (SVHCs on Annex XIV), Restriction (Annex XVII bans/limits).
- Supported by 17 technical annexes defining data requirements, SDS rules, and lists.
- Built on risk-based principles with tonnage-banded info needs; no central certification, but ongoing compliance.
Why Organizations Use It
- Mandatory for EU market access to avoid fines, seizures, market bans.
- Drives risk reduction, supply-chain transparency, substitution innovation.
- Enhances stakeholder trust, ESG reporting, competitive edge in chemicals-intensive sectors.
Implementation Overview
- Phased: inventory, gap analysis, dossiers via IUCLID, SDS/comms, monitoring.
- Applies to manufacturers/importers/downstream users across industries, EU/EEA.
- Continuous audits, no formal certification; national enforcement varies.
Key Differences
| Aspect | LGPD | REACH |
|---|---|---|
| Scope | Personal data processing and privacy rights | Chemical substances registration and risk management |
| Industry | All sectors targeting Brazilian residents | Chemicals, manufacturing, EU/EEA importers |
| Nature | Mandatory Brazilian data protection regulation | Mandatory EU chemicals regulation |
| Testing | DPIAs for high-risk processing, audits | Chemical safety assessments, dossier evaluations |
| Penalties | 2% Brazilian revenue, up to R$50M fines | Fines up to €10M or 2% turnover, seizures |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and REACH
LGPD FAQ
REACH FAQ
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