Data privacy is a big deal—and for businesses operating in Brazil, the Lei Geral de Proteção de Dados (LGPD) is the rulebook you can’t afford to ignore. But what is LGPD, and why does it matter so much for organizations managing personal information?
In a nutshell, LGPD protects personal data, ensures transparency, and sets clear standards for how organizations must handle information responsibly.
In this blog post, we’ll cover the essentials of LGPD: what it is, why it matters, and how InvGate ensures compliance with its requirements. By the time you’re done reading, you’ll have a clear understanding of the law and practical insights into how our tools can help your organization stay ahead of the game.
Let’s dive in and make data compliance simple and straightforward!
What is LGPD?
The Lei Geral de Proteção de Dados (LGPD) is the legislation that regulates how personal data must be collected, stored, and processed. Its primary goal is to protect individuals’ privacy and establish clear rules for organizations managing personal information.
Approved in August 2018, LGPD came into effect on September 18, 2020, representing a pivotal change in Data Management practices. While inspired by international standards like the General Data Protection Regulation (GDPR), LGPD is specifically tailored to meet local needs and challenges.
The law applies to any activity involving personal data, covering both public and private organizations. It defines personal data broadly as any information that identifies or relates to an individual, such as names, documents, addresses, or online interactions. By focusing on principles like transparency, consent, and security, LGPD ensures data is processed responsibly.
Who does the LGPD apply to?
LGPD applies to anyone processing personal data within Brazil, regardless of where the organization is based. This means businesses, non-profits, government agencies, and even international companies must comply if they handle data related to individuals in Brazil.
Whether you’re a small local business or a global enterprise, if you process personal data tied to Brazil, LGPD applies to you.
Is LGPD the same as GDPR?
LGPD and GDPR share many similarities, such as their focus on transparency, data subject rights, and security. However, they are not identical.
LGPD is tailored to Brazil’s specific needs and cultural context, with unique rules for certain data processing activities and less stringent requirements in some areas compared to GDPR. That said, if your organization is already GDPR-compliant, you’ll likely have a strong foundation for meeting LGPD standards.
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What are the requirements for LGPD compliance?
To comply with LGPD, organizations must adhere to principles like lawfulness, transparency, and purpose limitation. This involves obtaining clear consent from individuals when necessary, securely storing and processing personal data, and respecting data subject rights such as access, correction, and deletion of their information.
In addition, compliance requires appointing a Data Protection Officer (DPO), maintaining agreements with third-party processors, and having clear protocols in place for handling data breaches. Ultimately, LGPD compliance is about treating personal data with care and responsibility.
What are personal data and sensitive personal data according to LGPD?
Personal data refers to any information that can identify or relate to an individual, such as names, addresses, phone numbers, or email addresses. Essentially, it’s any detail that makes it possible to pinpoint a specific person.
Sensitive personal data, on the other hand, includes information that requires extra care due to its nature. This includes details about racial or ethnic origin, political opinions, religious or philosophical beliefs, health information, genetic or biometric data, sexual orientation, or union membership. LGPD recognizes these as particularly vulnerable and places stricter rules on their handling.
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What data is collected under LGPD?
Under LGPD, the types of data collected depend on the specific purpose and the organization’s needs. This could include basic identification information, contact details, financial records, or data on user behavior. However, LGPD ensures that only data strictly necessary for the stated purpose is collected, reinforcing transparency and necessity.
Who oversees compliance?
The Autoridade Nacional de Proteção de Dados (ANPD), or National Data Protection Authority, is the regulatory body responsible for overseeing LGPD compliance. It provides guidelines, monitors implementation, handles complaints, and applies penalties for non-compliance when necessary.
How InvGate complies with LGPD
At InvGate, protecting your data isn’t just a responsibility—it’s a commitment we take very seriously. We understand that the information you manage through our solutions is critical to your operations, and ensuring its privacy and security is at the heart of everything we do.
To uphold this commitment, we align our practices with the Lei Geral de Proteção de Dados (LGPD), following its principles to safeguard personal data and respect individual rights. By implementing robust security measures, adhering to cloud security standards, and continuously improving our processes, we ensure compliance with the regulations while supporting your business goals.
Here’s how we comply with LGPD in practice:
- Data Protection Principles: We strictly adhere to LGPD principles, including lawfulness, transparency, data quality, security, prevention of harm, non-discrimination, and accountability in all our data processing activities.
- Data Subject Rights: We ensure individuals can exercise their rights under LGPD, such as accessing, correcting, or deleting their data, as well as obtaining information about data sharing and revoking consent when desired.
- Lawful Basis for Processing: We process personal data only with a lawful basis, whether through consent, legal obligations, contractual necessity, or the protection of legitimate interests.
- Data Security Measures: We implement advanced security measures, including encryption, pseudonymization, and regular testing, to protect data integrity, confidentiality, and availability.
- Incident Response: In the event of a data breach, we follow LGPD protocols to notify the National Data Protection Authority (ANPD) and affected individuals promptly, while taking action to mitigate risks.
- Data Processing Agreements: We maintain agreements with third-party processors to ensure their compliance with LGPD standards when handling personal data on our behalf.
- International Data Transfers: We apply appropriate safeguards for personal data transfers across borders, ensuring they meet LGPD requirements.
- Data Protection Officer (DPO): A dedicated DPO oversees our data protection strategy and ensures ongoing compliance with LGPD.
This comprehensive approach reflects our unwavering commitment to securing your data and upholding the trust you place in us. At InvGate, LGPD compliance isn’t just a checkbox—it’s how we operate every day.
To learn more about our practices in detail, you can download our complete Declaration of Compliance with the General Data Protection Law (Lei Geral de Proteção de Dados - LGPD).
Declaration of Compliance with the General Data
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How InvGate addresses key LGPD requirements
To ensure compliance with LGPD, we’ve introduced new features in InvGate Service Management that make it easier for administrators to manage data in line with the regulation's principles.
A dedicated Privacy tab has been added under Admin > System, enabling administrators to mask specific fields in requests when a user exercises their right to be forgotten. For instance, if a user requests the deletion of their profile, associated data, and the content of their requests, you can execute this action directly from the platform.
Administrators can also decide which information to erase while retaining any data necessary for legal grounds. This allows you to keep only the minimum required data, striking a balance between respecting a user’s right to be forgotten and fulfilling legitimate data processing needs. This approach aligns with LGPD’s privacy by design and by default principles.
We’ve also implemented the ability to pseudonymize large volumes of data, such as older records, to meet LGPD’s data minimization requirements. The best part? You’ll still retain valuable metrics and insights, just without any identifiable information.
Security is a top priority for these actions. To perform any data deletion or masking, administrators are required to verify their identity using a one-time code sent via email. This additional step ensures the integrity of the process and prevents accidental or unauthorized loss of data.
Lastly, users are notified of the irreversible nature of these actions before proceeding and are encouraged to take all necessary precautions beforehand, ensuring full awareness and accountability.
These features reflect InvGate’s commitment to helping your organization meet LGPD requirements while maintaining robust data security and operational efficiency.
We help you comply with LGPD
At InvGate, our mission is to empower our customers to deliver exceptional service while staying compliant with regulations like LGPD. We don’t just ensure our own compliance as a company—we also provide you with the tools and features necessary to help your business meet LGPD requirements.
Our solutions are designed to make Data Management straightforward and secure. For example, we enable you to grant users their rights under LGPD, such as the right to access, correct, or delete their data. With robust tools for tracking and managing personal information, you can efficiently handle requests and ensure compliance with ease.
By partnering with InvGate, you gain a reliable ally in navigating LGPD compliance, allowing you to focus on what you do best while protecting your users’ data.
Conclusion
LGPD represents a significant step toward safeguarding personal data and ensuring organizations handle it responsibly. By aligning with this regulation, businesses not only protect individual rights but also foster trust and transparency in their operations.
At InvGate, we’ve made LGPD compliance a cornerstone of our operations, going beyond just meeting the requirements. With our robust tools and proactive approach, we don’t just comply—we empower you to do the same. Our solutions are designed to help you manage data securely, honor user rights, and adapt to the demands of a rapidly evolving digital landscape.
Whether you’re ensuring compliance for your organization or building trust with your users, InvGate is here to support you every step of the way. Together, we can make data privacy and security seamless, efficient, and worry-free.
