Lei Geral de Protecao do Dados (LGPD) is Brazil's comprehensive data protection law, modeled after the European Union's General Data Protection Regulation (GDPR). Enacted in August 2018 and effective from September 2020, the LGPD establishes guidelines for collecting, using, processing, and storing personal data in Brazil, aiming to protect individuals' privacy and personal data.
Who LGPD Applies To
The LGPD applies to any individual or organization that processes personal data in Brazil, regardless of where the entity is located. This includes:
- Companies and organizations of all sizes
- Public and private entities
- Brazilian and foreign businesses processing data in Brazil or involving Brazilian data subjects
Guidelines of LGPD
The LGPD outlines several key principles and guidelines for data processing, including:
- Lawfulness, Purpose, and Transparency: Data must be processed legally, transparently, with a specific and legitimate purpose.
- Data Subject Rights: Individuals have the right to access, correct, delete, and port their data, as well as to be informed about data processing activities.
- Data Minimization: Only data necessary for the specified purpose should be collected and processed.
- Security: Organizations must implement appropriate security measures to protect personal data from unauthorized access and breaches.
- Accountability: Entities must demonstrate compliance with the LGPD through documented processes and practices.
Consequences of Non-Compliance
Failure to comply with the LGPD can result in severe penalties, including:
- Fines: Up to 2% of the company's revenue in Brazil, capped at R$50 million per violation.
- Public Disclosure: Violations may be made public, damaging the organization's reputation.
- Data Processing Suspension: Organizations may be prohibited from processing personal data until compliance is achieved.
- Legal Actions: Individuals may take legal action against organizations for damages resulting from non-compliance.
How Finite State Helps You Comply with Brazil's LGPD
Finite State can complement your data protection efforts by strengthening your data security capabilities, particularly by:
- Enforcing Secure Coding Practices: Seamless integrations into existing CI/CD pipelines automatically analyze source code and compiled binaries for common security vulnerabilities and coding errors. This allows engineers to identify vulnerabilities hidden deep within legacy code and third-party libraries and detect and address issues early in the development process.
- Real-Time Threat Detection: Integrations with vulnerability databases provide up-to-date information on the latest threats and exploits, allowing for the proactive identification of potential risks before they can be exploited.
- Automate Vulnerability Identification: Using our advanced binary and source code SCA, vulnerabilities can be identified as they're introduced across the SDLC to help teams keep applications secure.
- Comprehensive SBOM Solutions: Automatically generate Software Bill of Materials throughout the SDLC and easily compile detailed information on all components in your products, including open-source libraries, third-party dependencies, and custom code to improve transparency and identify potential security risks in your software supply chain.
Strong cybersecurity requires a collective effort. Talk to the team today to discover how Finite State can help you comply with Brazil's LGPD.