LGPD
Brazil's comprehensive regulation for personal data protection
WELL
Performance-based certification for occupant health and well-being.
Quick Verdict
LGPD mandates data protection for Brazilian residents with fines up to 2% revenue, while WELL is voluntary certification enhancing building occupant health via performance testing. Companies adopt LGPD for legal compliance, WELL for wellness differentiation and ESG advantages.
LGPD
Lei Geral de Proteção de Dados Pessoais (Law 13.709/2018)
Key Features
- Extraterritorial scope targeting Brazilian residents worldwide
- 10 core principles expanding beyond GDPR's seven
- Fines up to 2% Brazilian revenue per violation
- Mandatory DPO appointment for controllers with public disclosure
- SCCs mandatory for cross-border transfers by 2025
WELL
WELL Building Standard v2
Key Features
- 10 core concepts for comprehensive health optimization
- Mandatory preconditions and point-based optimizations
- On-site performance verification testing required
- Tiered certifications Bronze to Platinum levels
- Continuous monitoring and annual reporting pathways
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 principles like purpose limitation and accountability.
Key Components
- 10 core principles (e.g., necessity, transparency, prevention, non-discrimination)
- 10 legal bases for processing (consent, legitimate interests, etc.)
- Data subject rights (access, deletion, portability)
- ANPD enforcement with graduated sanctions up to 2% Brazilian revenue (R$50M cap)
- Mandatory DPO, DPIAs, breach notifications
Why Organizations Use It
Mandatory compliance avoids multimillion fines, operational halts, reputational damage. Benefits include trust-building, market access in Brazil's digital economy, GDPR synergies, AI risk reduction. Enhances efficiency via data minimization.
Implementation Overview
**Phased approachgovernance/DPO appointment, data mapping/RoPA, policies, technical controls, training, audits. Applies to all sizes/industries processing Brazilian data globally. No certification; ANPD audits enforce via resolutions like CD/ANPD 15/2024.
WELL Details
What It Is
The WELL Building Standard (WELL v2) is a performance-based certification framework administered by the International WELL Building Institute (IWBI). It focuses on designing, operating, and verifying buildings to advance human health and well-being through evidence-based strategies across indoor environments and organizational policies.
Key Components
- **10 core conceptsAir, Water, Nourishment, Light, Movement, Thermal Comfort, Sound, Materials, Mind, Community (plus Innovation).
- 24 Preconditions (mandatory pass/fail) and 102 Optimizations (point-earning).
- Built on public health and building science research.
- Tiered certification: Bronze (40 points), Silver (50), Gold (60), Platinum (80), with concept minimums at higher levels.
Why Organizations Use It
- Enhances occupant health, productivity, and ESG reporting.
- Differentiates assets with verified performance metrics.
- Mitigates risks like poor IEQ; boosts rents and retention.
- Builds stakeholder trust via third-party verification.
Implementation Overview
- Phased: gap analysis, scorecard, documentation, on-site verification, recertification every 3 years.
- Applies to new/existing buildings, all sizes/industries.
- Requires third-party review and performance testing.
Key Differences
| Aspect | LGPD | WELL |
|---|---|---|
| Scope | Personal data protection and processing | Building health, wellness, and performance |
| Industry | All sectors, Brazil-focused, extraterritorial | Real estate, offices, global building types |
| Nature | Mandatory national law with ANPD enforcement | Voluntary performance-based certification |
| Testing | DPIAs for high-risk, ANPD audits | On-site performance verification, annual monitoring |
| Penalties | Fines up to 2% Brazilian revenue, R$50M cap | Loss of certification, no legal fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about LGPD and WELL
LGPD FAQ
WELL FAQ
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