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Data protection: challenges and impacts of LGPD compliance in Brazil

Data protection in Brazil is of utmost importance, ensuring the privacy and security of citizens' personal information. The General Data Protection Law (LGPD), in effect since September 2020, establishes crucial guidelines for companies and government agencies, promoting transparency and accountability in data processing.

Data protection safeguards individuals' privacy by ensuring their personal information is not improperly accessed, used, or shared. Beyond promoting trust in the digital era—essential for the development of online services, e-commerce, and internet interactions.

Furthermore, data protection can prevent the misuse of information for practices such as fraud, discrimination, and manipulation. By establishing regulations and guidelines, a more ethical and transparent environment is created, benefiting both users and organizations.

Complying with the provisions of the LGPD not only protects individual rights but also strengthens Brazil's position in the global landscape, aligning it with international data protection standards.

Despite all the benefits listed in the previous paragraphs, we have observed that many companies and public bodies are not compliant with the LGPD, which may lead to various consequences such as financial sanctions, damage compensation, operational interruptions, loss of reputation and market trust, lawsuits, and investigations and audits.

Reputation can be severely affected when companies or public bodies fail to comply with the provisions of the LGPD. This non-compliance can generate distrust among customers and business partners, damaging the image of private or public organizations.

Additionally, there may be repercussions on social media, as these networks provide a fast channel for sharing negative experiences. If customers know or suspect that a company is not compliant with the LGPD, they may share their concerns, generating negative publicity that spreads rapidly.

Trust is fundamental in business relationships, and the loss of this trust can have lasting impacts on the success and longevity of organizations.

Patricia Punder
Patricia Punderhttps://www.punder.adv.br/
Patricia Punder, lawyer and compliance officer with international experience. Professor of Compliance in the post-MBA program at USFSCAR and LEC – Legal Ethics and Compliance (SP). Co-author of the "Compliance Manual," published by LEC in 2019, and "Compliance – Beyond the Manual 2020."
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