LGPD Privacy Policy Generator for Brazil
Brazil's Lei Geral de Proteção de Dados (LGPD) is one of the world's most comprehensive data protection laws, modeled after the EU's GDPR. If your website, app, or service collects personal data from anyone in Brazil — regardless of where your business is based — you must comply with the LGPD. With over 150 million internet users, Brazil represents a massive market that cannot be ignored. The Autoridade Nacional de Proteção de Dados (ANPD) actively enforces compliance, with penalties reaching 2% of revenue up to R$50 million per violation.
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What Is the LGPD?
The LGPD (Lei Geral de Proteção de Dados, or General Data Protection Law) is Brazil's comprehensive data protection regulation, enacted in August 2018 and fully effective since August 2020. It regulates how personal data of individuals in Brazil is collected, processed, stored, and shared.
The LGPD applies to any organization that processes personal data of individuals located in Brazil, processes data collected in Brazil, or offers goods or services to the Brazilian market. Like GDPR, the LGPD has extraterritorial reach — your business does not need to be in Brazil for the law to apply.
LGPD at a Glance
Lei Geral de Proteção de Dados (Law No. 13,709/2018)
August 16, 2020 (penalties from August 2021)
ANPD (Autoridade Nacional de Proteção de Dados)
2% of revenue in Brazil, up to R$50 million (~$10M USD) per violation
Any organization processing data of individuals in Brazil
150+ million (5th largest internet population globally)
LGPD's 10 Legal Bases for Processing
Unlike GDPR (which has 6 legal bases), the LGPD provides 10 legal bases for processing personal data. Your privacy policy must identify which base applies to each processing activity:
Consent
Free, informed, and unambiguous consent from the data subject. Must be specific and can be revoked at any time.
Legal obligation
Processing necessary to comply with a legal or regulatory obligation.
Public policy
Processing by public administration for executing public policies.
Research
Processing for studies by research bodies, with anonymization where possible.
Contract performance
Processing necessary for executing a contract or preliminary procedures related to a contract.
Legal proceedings
Processing for exercising rights in judicial, administrative, or arbitration proceedings.
Protection of life
Processing to protect the life or physical safety of the data subject or third party.
Health protection
Processing for health-related purposes by health professionals or health services.
Legitimate interest
Processing for the legitimate interests of the controller or third party, unless overridden by the data subject's rights.
Credit protection
Processing for credit protection purposes (unique to LGPD, not found in GDPR).
LGPD vs. GDPR: Key Differences
While the LGPD was inspired by GDPR, there are important differences that affect your privacy policy:
Data Subject Rights Under LGPD
Brazilian data subjects (titulares) have extensive rights under the LGPD. Your privacy policy must list all of these rights and explain how individuals can exercise them:
Under LGPD, data subjects can exercise these rights at any time through a simple request. You must respond within 15 days (compared to GDPR's 30 days). Your privacy policy must provide clear instructions for how to submit these requests.
What Your LGPD Privacy Policy Must Include
ANPD Enforcement and Penalties
The ANPD (Autoridade Nacional de Proteção de Dados) is Brazil's data protection authority, responsible for interpreting and enforcing the LGPD. The ANPD has been increasingly active since its establishment, issuing guidance documents, conducting investigations, and applying sanctions.
Warning with deadline
The ANPD may issue a warning with a deadline for corrective measures.
Simple fine
Up to 2% of the company's revenue in Brazil, limited to R$50 million (~$10M USD) per violation.
Daily fine
Accumulating daily fines until the violation is corrected, up to the same R$50 million ceiling.
Public disclosure
The ANPD can publicly disclose the violation after investigation and confirmation, causing reputational damage.
Data processing suspension
Partial or total suspension of data processing activities related to the violation for up to 6 months (renewable).
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Frequently Asked Questions
Does the LGPD apply to my business if I'm not in Brazil?
Yes. The LGPD has extraterritorial scope. It applies to any organization that processes personal data of individuals in Brazil, collects data in Brazil, or offers goods or services to the Brazilian market. If your website or app is accessible to Brazilian users and collects any personal data (even IP addresses via analytics), the LGPD likely applies.
Do I need a DPO under the LGPD?
Yes. Unlike GDPR, which only requires a DPO in specific circumstances, the LGPD requires ALL data controllers to appoint an encarregado (DPO). However, the ANPD issued Resolution No. 2/2022 which exempts small businesses and startups from some requirements. Your privacy policy must still name and provide contact details for your DPO or explain the exemption.
Can I use the same privacy policy for LGPD and GDPR?
Yes, with additions. A GDPR-compliant policy covers most LGPD requirements since the laws are similar. However, you must add: reference to LGPD-specific legal bases (especially credit protection), the 15-day response deadline for data subject requests, ANPD contact information, and the right to review automated decisions. PolicyForge generates policies that cover both frameworks simultaneously.
Does the LGPD require cookie consent?
The LGPD does not have a specific cookie provision like the EU's ePrivacy Directive. However, cookies that collect personal data (analytics, advertising, personalization) fall under the LGPD's general consent requirements. If you rely on consent as your legal basis for processing cookie data, you need a cookie consent mechanism. The ANPD has indicated that cookie banners may be required in future guidance.
What is the penalty for not having a privacy policy under LGPD?
Failing to provide transparent information about data processing (which includes not having a privacy policy) can result in penalties up to 2% of your revenue in Brazil, capped at R$50 million (~$10M USD) per violation. The ANPD can also suspend your data processing activities entirely, which for an online business means you cannot serve Brazilian customers.
Related Resources
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