What is the primary objective of **LGPD**?

**The primary objective of LGPD (Lei Geral de Proteção de Dados Pessoais, Law No. 13.709/2018) is to protect the fundamental rights of privacy and freedom of natural persons by regulating the processing of personal data.** Enacted on August 14, 2018, with full enforcement from September 2020 and sanctions from August 1, 2021, it unifies fragmented norms under 10 core principles (Art. 6), including purpose limitation, necessity, transparency, security, prevention, non-discrimination, and accountability, while granting data subjects rights to access, correction, deletion, portability, and objection to automated decisions (Art. 18).

Who is legally or professionally required to comply with **LGPD**?

**All controllers and processors handling personal data of Brazilian residents must comply with LGPD, regardless of company size or location, due to its extraterritorial scope (Art. 3).** This includes any processing in Brazil, targeting Brazilian residents for goods/services, or collecting data there; applies to public/private entities in sectors like e-commerce, fintech, healthcare, and cloud services; exemptions (Art. 4) are narrow, covering non-economic private uses, journalism, and public security.

Does **LGPD** require an external audit or third-party certification?

**LGPD does not mandate external audits or third-party certification, but ANPD may conduct audits and requires controllers to maintain processing records and conduct DPIAs for high-risk activities (Arts. 37-38).** ANPD enforces via inspections; voluntary certifications like ISO 27701 can demonstrate compliance, but accountability relies on internal governance, including DPO appointment and incident logging.

How often should an assessment for **LGPD** be performed?

**LGPD assessments, including Records of Processing Activities (RoPAs) and DPIAs, must be maintained continuously and updated for changes, with ANPD requiring them on demand (Art. 37).** Quarterly internal audits, annual full reviews, and ad-hoc assessments for new high-risk processing (e.g., legitimate interests, Art. 10) align with ongoing accountability; breach incident logs must be kept for 5 years.

What are the consequences of non-compliance with **LGPD**?

**Non-compliance with LGPD incurs graduated ANPD sanctions, including fines up to 2% of Brazilian revenue (capped at R$50 million per infraction), data processing suspension up to 6 months, and publicity of violations (Art. 52).** Factors like gravity, cooperation, and safeguards influence penalties; additional civil claims for damages (Art. 42) and operational disruptions apply to B2B/employee data.

Can **LGPD** be mapped to other international frameworks?

**Yes, LGPD maps closely to international frameworks due to shared principles like purpose limitation, minimization, and data subject rights, enabling hybrid compliance programs.** Its 10 principles (Art. 6) and bases (Art. 7) exceed some regimes; ANPD-approved SCCs (Resolution 19/2024) facilitate transfers, with synergies in rights fulfillment and security mandates.

What is the first step to begin implementing **LGPD**?

**The first step to implement LGPD is appointing a Data Protection Officer (DPO) and conducting a comprehensive data mapping to create a Record of Processing Activities (RoPA).** Per Art. 41, publish DPO details; map flows, purposes, legal bases, and risks (Phase 1 guidance) to enforce principles and identify high-risk areas like sensitive data or transfers.

What is the primary objective of **RoHS**?

**The primary objective of **RoHS** is to restrict hazardous substances in electrical and electronic equipment (EEE) to protect human health and the environment during waste management and recycling.** Directive 2011/65/EU (RoHS 2), amended by (EU) 2015/863, limits ten substances at **0.1% by weight (1000 ppm)** in homogeneous materials (except **0.01% (100 ppm)** for cadmium), improving recyclability alongside WEEE.

Who is legally or professionally required to comply with **RoHS**?

**Manufacturers, importers, distributors, and authorized representatives placing EEE on the EU market must comply with **RoHS**, unless explicitly excluded.** Scope covers all EEE categories in Annex I (e.g., appliances, IT, lighting, medical devices), excluding large-scale fixed installations, military equipment, and transport means per Article 2(4).

Does **RoHS** require an external audit or third-party certification?

**No, **RoHS** does not require external audits or third-party certification.** Compliance relies on internal conformity assessment, **EU Declaration of Conformity (DoC)**, technical documentation per EN IEC 63000:2018, and CE marking where applicable, retained for 10 years for market surveillance.

How often should an assessment for **RoHS** be performed?

**RoHS assessments must be performed at product design, upon supplier changes, and periodically via risk-based verification.** Ongoing monitoring includes exemption tracking (Annex III/IV, time-limited via delegated acts), supplier declarations, and tiered testing (XRF screening, IEC 62321 confirmatory analysis) annually for high-risk materials.

What are the consequences of non-compliance with **RoHS**?

**Non-compliance with **RoHS** results in decentralized Member State enforcement, including product withdrawal, recalls, sales bans, and administrative fines.** Penalties vary by country (e.g., up to €10 million or 10% turnover cited in guidance); importers/distributors share liability under New Legislative Framework.

Can **RoHS** be mapped to other international frameworks?

**Yes, **RoHS** substance lists and thresholds align partially with frameworks like China RoHS 2 (core six substances, mandatory marking/E-PUP) and California SB50 (heavy metals in covered devices).** EU RoHS serves as baseline, but divergences in scope, exemptions, and disclosure require jurisdiction-specific adaptations.

What is the first step to begin implementing **RoHS**?

**The first step to implement **RoHS** is scoping products against Annex I categories and exclusions, followed by homogeneous material BoM mapping.** Identify restricted substances risks, collect supplier declarations (IPC-1752 format), and initiate technical file per EN IEC 63000.

LGPD vs RoHS | GRADUM

Standards Comparison

LGPD

Mandatory

2020

Brazil's comprehensive personal data protection regulation

RoHS

Mandatory

2011

EU regulation restricting hazardous substances in EEE.

Quick Verdict

LGPD mandates data protection for Brazilian residents' privacy, while RoHS restricts hazardous substances in EEE for environmental safety. Companies adopt LGPD for legal compliance and trust, RoHS for EU market access and sustainability.

Data Privacy

LGPD

Lei Geral de Proteção de Dados Pessoais (LGPD)

Cost

€€€€

Complexity

High

Implementation Time

12-18 months

Key Features

Extraterritorial scope targets Brazilian residents' data globally
Enforces 10 core principles including prevention, non-discrimination
Imposes fines up to 2% Brazilian revenue (R$50M cap)
Mandates Data Protection Officer for controllers publicly
Requires 3-business-day breach notifications to ANPD, subjects

Hazardous Substances

RoHS

Directive 2011/65/EU (RoHS 2)

Cost

€€€€

Complexity

High

Implementation Time

6-12 months

Key Features

Restricts 10 substances at homogeneous material level
0.1% thresholds (0.01% for cadmium) per material
Time-limited exemptions via Annexes III/IV
Requires technical file and EU DoC
Tiered testing per IEC 62321 standards

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 data protection regulation. Enacted in 2018 and enforced since 2021, it safeguards personal data processing with extraterritorial scope, applying to any entity targeting Brazilian residents. Adopting a risk-based approach, it emphasizes accountability via principles, rights, and ANPD oversight.

Key Components

**10 core principlespurpose limitation, necessity, transparency, security, prevention, accountability, etc.
**Data subject rightsaccess, correction, deletion, portability, objection to automated decisions
**10 legal basesconsent, contracts, legitimate interests, sensitive data restrictions
**Governance toolsDPO, records of processing, DPIAs for high-risk activities, breach notifications Compliance model relies on self-attestation, ANPD audits, no formal certification.

Why Organizations Use It

Mandatory for processors of Brazilian data, avoiding fines up to 2% Brazilian revenue (R$50M cap), suspensions. Drives trust, market access in Brazil's digital economy, risk reduction against breaches, competitive edge via privacy-by-design, synergies with GDPR.

Implementation Overview

**Phased risk-based methodologygovernance/DPO appointment, data mapping/RoPA, policies/DSRs, technical controls, vendor management/SCCs, training/audits. Applies universally across sizes/industries/geographies with Brazilian nexus; ongoing ANPD monitoring essential. (178 words)

RoHS Details

What It Is

RoHS (Directive 2011/65/EU, recast as RoHS 2) is an EU regulation restricting hazardous substances in electrical and electronic equipment (EEE) to protect health and environment during waste management. It applies open-scope to all EEE unless excluded, using homogeneous material thresholds: 0.1% for most substances, 0.01% for cadmium.

Key Components

Restricts 10 substances (Pb, Hg, Cd, Cr(VI), PBB, PBDE, DEHP, BBP, DBP, DIBP).
**Annex III/IV exemptionstime-limited for specific uses.
Compliance via technical documentation, EU Declaration of Conformity (DoC), and CE marking.
Built on risk-based evidence (IEC 63000, IEC 62321 testing).

Why Organizations Use It

Mandatory for EU market access; prevents recalls, fines.
Reduces supply chain risks, improves recyclability.
Enhances ESG reputation, level playing field.

Implementation Overview

Phased: scoping, gap analysis, supplier controls, testing, documentation. Applies to manufacturers/importers of EEE globally selling to EU; no certification but audit-ready files retained 10 years. (178 words)

Key Differences

Aspect	LGPD	RoHS
Scope	Personal data processing and privacy rights	Hazardous substances in electrical equipment
Industry	All sectors processing Brazilian data	EEE manufacturers and importers globally
Nature	Mandatory Brazilian data protection law	Mandatory EU product restriction directive
Testing	DPIAs for high-risk processing	XRF/ICP-MS for substance concentrations
Penalties	2% Brazilian revenue up to R$50M	Fines, recalls, market bans by states

Scope

LGPD

Personal data processing and privacy rights

RoHS

Hazardous substances in electrical equipment

Industry

LGPD

All sectors processing Brazilian data

RoHS

EEE manufacturers and importers globally

Nature

LGPD

Mandatory Brazilian data protection law

RoHS

Mandatory EU product restriction directive

Testing

LGPD

DPIAs for high-risk processing

RoHS

XRF/ICP-MS for substance concentrations

Penalties

LGPD

2% Brazilian revenue up to R$50M

RoHS

Fines, recalls, market bans by states

Frequently Asked Questions

Common questions about LGPD and RoHS

LGPD FAQ

RoHS FAQ

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LGPD

RoHS

Quick Verdict

LGPD

Key Features

RoHS

Key Features

Detailed Analysis

LGPD Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

RoHS Details

What It Is

Key Components

Why Organizations Use It

Implementation Overview

Key Differences

Scope

Industry

Nature

Testing

Penalties

Frequently Asked Questions

LGPD FAQ

What is the primary objective of LGPD?

Who is legally or professionally required to comply with LGPD?

Does LGPD require an external audit or third-party certification?

How often should an assessment for LGPD be performed?

What are the consequences of non-compliance with LGPD?

Can LGPD be mapped to other international frameworks?

What is the first step to begin implementing LGPD?

RoHS FAQ

What is the primary objective of RoHS?

Who is legally or professionally required to comply with RoHS?

Does RoHS require an external audit or third-party certification?

How often should an assessment for RoHS be performed?

What are the consequences of non-compliance with RoHS?

Can RoHS be mapped to other international frameworks?

What is the first step to begin implementing RoHS?

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