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In recent years, Brazil has stood out as one of the most promising destinations for foreign investments. With a growing economy and a vast consumer market, entrepreneurs from around the world are keeping a close eye on the opportunities the country offers. However, when entering the Brazilian market, it is crucial for these entrepreneurs to be aware of an important legislation that can significantly impact their businesses: the General Data Protection Law (LGPD in Brazil).
LGPD: What is it and why is it important?
The LGPD, inspired by the General Data Protection Regulation of the European Union (GDPR), is the Brazilian law that regulates the collection, processing, and storage of personal data. It came into effect in September 2020 and aims to ensure the privacy and security of Brazilian citizens’ data.
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For foreign entrepreneurs, the LGPD is important for several reasons
The General Data Protection Law (LGPD) in Brazil is crucial for foreign entrepreneurs for several reasons, primarily related to the protection of individuals’ privacy and the security of personal information. Here are some reasons why LGPD is important for these entrepreneurs, along with examples of websites that illustrate compliance with this legislation:
Extraterritorial application
The LGPD applies not only to Brazilian companies but also to foreign companies that process personal data of Brazilian residents. This means that even if you do not have a physical presence in Brazil, you will still be subject to the law if you collect data from Brazilian customers.
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Significant penalties
Significant penalties are foreseen for non-compliance with its provisions. Fines can reach up to 2% of the company’s annual revenue, with a maximum limit of 50 million reais per violation. Foreign entrepreneurs are not exempt from these penalties and may face serious financial consequences for LGPD violations.
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Consent requirements
The LGPD requires companies to obtain explicit consent from individuals to collect and process their personal data. International entrepreneurs must ensure that their consent-gathering processes comply with the standards established by the law.
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Security measures
Security measures must be implemented to protect the personal data they collect and process. This includes implementing data security policies, encrypting sensitive information, and appointing a Data Protection Officer (DPO).
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International data transfer
If you plan to transfer personal data outside of Brazil, it is necessary to be aware of the specific rules governing this transfer. LGPD allows the transfer of personal data to countries that provide an adequate level of data protection or with the consent of data subjects. Compliance with LGPD not only meets legal requirements but also strengthens consumer trust, mitigates financial risks, and enhances competitiveness in the Brazilian business landscape.
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Conclusion
For foreign entrepreneurs looking to enter the Brazilian market, compliance with LGPD is an essential part of their business plans. Ignoring or neglecting the obligations imposed by this law can result in serious financial consequences and damage to the company’s reputation.
Therefore, it is crucial to seek specialized legal guidance and allocate time and resources to understand and implement LGPD requirements. Compliance not only helps avoid penalties but also demonstrates a commitment to the privacy and data security of Brazilian customers, which can be a crucial factor for the success of your business in Brazil.
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