Brazil
Brazil The Brazilian General Data Protection Law (“LGPD”), enacted in 2018 and enforced since 2020, serves as the cornerstone of the country's data protection framework. Its primary objective is to ensure the fundamental rights of data subjects and regulate how personal data is processed by processing agents. The LGPD outlines the rights and obligations of data controllers and processors, establishes enforcement mechanisms through sanctions and inspections, and fosters overall governance of data processing activities. Before the LGPD, data protection and privacy rights were governed by a patchwork of sector-specific laws covering areas like consumer rights, finance, healthcare, the public sector, and criminal law. Additionally, the Civil Rights Framework for the Introduction
Internet (“Marco Civil da Internet”), enacted in 2014 with its accompanying decree, laid the groundwork for processing personal data online. Governing Data Protection Legislation 2.1.Overview of principal legislation The LGPD, Federal Law No. 13,709/2018, aims to safeguard the fundamental rights of freedom and privacy, fostering the personal development of individuals. It represents a major regulatory advancement, aligning Brazil's data protection legislation with international standards. Signed by the President on August 14, 2018, published on August 15, 2018, and taking effect on September 18, 2020, the LGPD marked a significant shift in how personal data is treated in Brazil. Further emphasizing this importance, the protection of personal data was expressly recognized as a fundamental right in Brazil's Federal Constitution (Article 5, LXXIX) in 2022. This inclusion highlights the high level of protection and priority assigned to safeguarding personal data within the country.
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