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Can you summarize Lei No. 13,709/2018 Protecao de Dados Pessoais?
Portugal Laws - Others > Lei No. 13,709/2018 Protecao de Dados Pessoais
Short Summary
This law, known as Lei No. 13,709/2018 or the General Data Protection Law (LGPD), governs the protection of personal data in Brazil. It applies to both natural persons and legal entities, whether public or private, that process personal data. The law aims to protect the fundamental rights of freedom, privacy, and personal development of individuals. It establishes principles such as respect for privacy, informational self-determination, freedom of expression, and the inviolability of intimacy, honor, and image. The law applies to any data processing operation carried out within the national territory or involving individuals located in Brazil. However, there are exemptions for certain types of data processing, such as for private and non-economic purposes, journalistic and artistic purposes, academic purposes, national security, defense, public security, law enforcement activities, and data originating from outside Brazil that do not involve communication, shared use with Brazilian data processors, or international transfer to a country without adequate data protection. Non-compliance with the law can result in fines of up to 2% of the company’s revenue in Brazil, limited to a total of 50 million Brazilian Reais per violation.
Whom does it apply to?
Natural persons and legal entities, both public and private, that process personal data
What does it govern?
Protection of personal data
What are exemptions?
Processing of personal data for exclusively private and non-economic purposes, journalistic and artistic purposes, academic purposes, national security, defense, public security, and law enforcement activities, and data originating from outside the national territory that are not subject to communication, shared use with Brazilian data processors, or international transfer of data to another country that does not provide an adequate level of personal data protection
What are the Penalties?
Fines of up to 2% of the company's revenue in Brazil, limited to a total of 50 million Brazilian Reais per violation
Jurisdiction
Portugal