LGPD Completes Six Years: Impacts and Challenges of the General Data Protection Law in Brazil

In August 2024, the General Data Protection Law (LGPD) celebrates six years since its enactment in Brazil. Since its entry into force, the LGPD has brought a series of significant changes for companies, institutions, and citizens, redefining how personal data is collected, stored, and processed in the country. This article explores the main impacts and challenges faced over these six years.

Origin and Objectives of the LGPD

Inspired by the General Data Protection Regulation (GDPR) of the European Union, the LGPD (Law No. 13,709/2018) was signed into law on August 14, 2018, and went into effect in September 2020. Its primary objective is to protect fundamental rights to freedom and privacy, as well as ensuring the protection of personal data. The law establishes clear guidelines on how data can be collected, processed, and shared, imposing obligations on both the public and private sectors.

Positive Impacts of the LGPD

1. Greater Transparency and Control

One of the greatest advancements brought by the LGPD is the increased transparency and control individuals have over their personal data. Companies are required to clearly inform how the data will be used and obtain explicit consent from data subjects. This strengthens trust between consumers and businesses, fostering a more ethical and transparent business environment.

2. Information Security Enhancement

The LGPD encouraged organizations to adopt better information security practices to protect personal data from unauthorized access, leaks, and other threats. Implementing appropriate technical and administrative measures has become essential to avoid penalties and damage to reputation.

3. Fostering a Culture of Privacy

The law also contributed to the creation of a culture of privacy in Brazil. Companies of all sizes and sectors began investing in training and development for their employees, aiming to ensure compliance with regulations and protect personal data.

Challenges Faced

1. Suitability and Compliance

Compliance with the LGPD presented a significant challenge for many organizations, particularly those lacking a robust data governance structure. The need to review processes, policies, and systems required financial and time investments, which was especially challenging for small and medium-sized enterprises.

2. Enforcement and Application of the Law

The National Data Protection Authority (ANPD), responsible for overseeing and ensuring compliance with the LGPD, has faced challenges in terms of structure and resources. The capacity for oversight and the application of sanctions is still evolving, and there is a continued expectation of a more assertive stance from the ANPD.

3. Awareness and Education

Despite the progress made, awareness of the importance of protecting personal data still needs to be broadened. Many citizens and small businesses are still unaware of their rights and obligations under the LGPD, which can hinder the full implementation of the law.

Future Perspectives

With the LGPD established as a crucial regulatory framework for data protection in Brazil, the future points to continuous evolution. The ANPD is expected to intensify its enforcement and guidance actions, while companies will continue to improve their data governance practices. Furthermore, the legislation may undergo adjustments and updates to keep pace with technological and social changes.

Conclusion

Six years after its enactment, the LGPD has brought significant advancements to the protection of personal data in Brazil, promoting greater transparency, security, and a culture of privacy. However, challenges persist, particularly in terms of compliance, oversight, and awareness. As society and technology evolve, the LGPD will continue to play a crucial role in ensuring citizens' rights and promoting a more secure and ethical business environment.