LGPD vs GDPR: Differences and Similarities

Introduction

Companies operating in both Portugal and Brazil need to understand the nuances between GDPR and LGPD. Although the Brazilian law was heavily inspired by the European regulation, there are important differences.

Main Similarities

Legal Basis for Processing

Both legislations require a valid legal basis for processing personal data. The most common bases include:

• Data subject consent
• Contract execution
• Legal obligation compliance
• Legitimate interest

Data Subject Rights

The rights granted to data subjects are very similar in both legislations, including access, rectification, erasure and portability.

Incident Notification

Both GDPR and LGPD require notification to authorities in case of personal data breach.

Important Differences

Notification Deadline

• GDPR: 72 hours to notify the authority
• LGPD: "reasonable time" (not specified)

Data Protection Officer (DPO)

• GDPR: mandatory in specific cases
• LGPD: mandatory for all controllers

Sanctions

• GDPR: up to 4% of global turnover or €20 million
• LGPD: up to 2% of revenue in Brazil, limited to R$50 million per infraction

International Transfers

GDPR has more developed mechanisms for international transfers, while LGPD is still regulating this matter.

Integrated Compliance Strategy

For companies operating in both markets, it is recommended to:

1. Adopt the most demanding standard: generally, GDPR
2. Adapted documentation: specific policies for each jurisdiction
3. Unified governance: centralized compliance structure
4. Continuous monitoring: follow developments in both jurisdictions

Conclusion

Simultaneous compliance with GDPR and LGPD is possible and advantageous. An integrated approach reduces costs and operational complexity.