Compliance and Enforcement Mechanisms under Brazil’s General Data Protection Law (LGPD)

Summary:

The Introduction to Brazil's General Data Protection Law (LGPD) provides an overview of the law's compliance and enforcement mechanisms. The LGPD assigns three key roles in data processing: data subjects, data controllers, and data processors, each with specific responsibilities. The National Data Protection Authority (ANPD) serves as the regulatory body, responsible for overseeing compliance, issuing guidelines, and imposing penalties for non-compliance. The law emphasizes the importance of consent, conducts Data Protection Impact Assessments, and has a penalty system in place for non-compliance. Despite its robust mechanisms, challenges persist, including the ANPD's capacity to enforce the law and equipping small and medium-sized enterprises (SMEs) to comply with the law's requirements.