Part I Of The New Brazilian Privacy Law

So why exactly does a privacy law from Brazil apply to the US? Well, we cannot control where our site visitors come from therefore we have to comply with all laws of this manner from across the globe. And no, you can’t block certain countries from your site to “skirt” around these laws.


This new regulation is called Lei Geral de Proteção de Dados (General Data Protection Law, or LGPD - I will further refer to this law as LGPD - yes, the abbreviation is out of order due to the translation from the Portuguese language to the English language) and is set to go into effect in August of 2020.


The good news is that the LGPD is very similar to GDPR (General Data Protection Act from the EU) and CCPA (California Consumer Protection Act) which means you shouldn’t have very many updates to make provided you are compliant with both of those regulations. 


To breakdown the most important items at this point are the following:

  1. Applies to a U.S.-based business are: (1) whether any data collection or processing activities occur in Brazil; and (2) whether the business intends to offer or provide goods or services to individuals in Brazil. If a business satisfies either factor, then all of the LGPD’s provisions apply. Even if you ultimately cannot provide a service/product to them, chances are you still have collected data on them, such as their name or email address to respond to their inquiry, etc.

  2. The LGPD, again like the GDPR and the CCPA, does not apply to B2B data (Business to Business). 

  3. LGPD applies to digital data as well as hard copy data, meaning physical paper documents. Anything you have printed that has any type of customer/client information on it.

Now that we know this law does apply to you, I will see you back here Wednesday for Part II where we will get into the customer's right defined in LGDP and what that means for you.


Be sure to sign up for our sister company, Urban Consulting, LLC's compliance newsletter as this is the current topic and will provide recaps, notification when an updated privacy policy is available for purchase and will go a bit more in-depth in certain areas. Just as an FYI - their newsletter is not a "standard recurring" newsletter - it is only delivered when new laws/regulations come out that affect you. They will send a weekly newsletter for approx 4 weeks when a new law is enacted to help you prepare - they don't want to overwhelm your inbox any more than it already is.


MW







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This is not legal or financial advice and does not constitute a client-consultant relationship between you and Montanna Washburn or Urban Consulting, LLC d/b/a Complianceology. The information in this post is true and accurate at the time published and is subject to change at any time. You are encouraged to conduct your own due diligence, schedule a consulting call with Montanna, or speak with your legal counsel.

Date posted: July 26, 2020

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