LGPD - The 7 Years That Changed Data Protection in Brazil

Exactly seven years ago, the General Personal Data Protection Law (LGPD) was approved and enacted. Its trajectory was marked by intense debates and multiple back-and-forth exchanges between the Legislative and Executive branches. Even its name sparked controversy, which was only settled with the conversion of MP 869/2018 into law, formalizing its current name.

There is still a long way to go before the LGPD reaches its full potential – just consider how many clarifications are still needed to detail provisions with open wording. Even so, it is undeniable that the law has ushered in a new culture of data protection in Brazil, transforming the legal and corporate landscape with regard to the processing of personal data.

Inspired by the European Union's General Data Protection Regulation (GDPR), the LGPD incorporated fundamental principles to safeguard the privacy and informational self-determination of data subjects. At the same time, it required public and private organizations to adopt transparent, secure, and responsible practices in the use of personal data.

The law was a long time in the making. The first public consultation on the preliminary draft took place in 2010, coordinated by the Ministry of Justice, but the approval of Bill 4060/2012 by Congress and presidential enactment only occurred in 2018.

The number 7 has always held a certain fascination – appearing in religious traditions, natural cycles, and even scientific discoveries. It is no coincidence that, seven years after the LGPD’s enactment, we have chosen this number to revisit its trajectory, highlighting seven developments brought about by the law, seven trends for the future, and seven steps to achieve compliance.

7 Developments
In recent years, Brazil has taken decisive steps to turn data protection from a legal promise into a practical reality. Regulatory milestones, guidelines, and decisions by the ANPD have shaped a new legal and corporate environment. Notable highlights include:

1. First steps of the ANPD (November 2020) Appointment of the Board of Directors and the start of structuring the authority responsible for enforcing the LGPD.
2. Publication of the Guidance Document on Data Processors and Data Controllers (May 2021) – A document that reinforced and clarified roles and responsibilities, consolidating initial interpretations of the law.
3. Publication of the Resolution on security incident reporting (October 2021) – Established procedures and deadlines for reporting incidents to the ANPD and data subjects, standardizing the response to information security crises.
4. Constitutional recognition of the right to data protection (February 2022) – Inclusion in Article 5 of the Federal Constitution through Constitutional Amendment No. 115/2022, elevating the matter to a fundamental right.
5. First fine for non-compliance with the LGPD (July 2023) – A regulatory milestone that reinforced the ANPD's enforcement role and signaled the risks of non-compliance;
6. Regulation of the role of data protection officer (DPO) (July 2024) – Publication of Resolution CD/ANPD No. 18/2024, establishing formal requirements for the role of this key professional role.
7. International Data Transfer Regulation (August 2024) – Defined scenarios, safeguards, and instruments for transferring personal data to other countries, aligning Brazil with international standards.

These developments show that the country is moving toward a more robust privacy ecosystem aligned with global norms – a journey that still presents both challenges and opportunities. 

7 Trends
The future of the LGPD is already taking shape through the ANPD’s Regulatory Agenda and market expectations. Topics such as children’s data, biometrics, AI, and international transfers are central to upcoming decisions. The following deserve special attention:

1. Regulation of the processing of personal data of children and adolescents – Expected progress on specific rules for collection, use, and sharing, particularly in the context of digital platforms and online entertainment services.
2. Standards for the use of biometric data – Definition of safeguards, limits, and requirements for processing sensitive data such as facial recognition, voice, and fingerprints, in line with international security standards.
3. Integration of artificial intelligence into the LGPD regime – Creation of clear parameters for AI use, considering risks, transparency, and responsibilities in data processing.
4. Rules on anonymization and pseudonymization – Establishment of technical and legal criteria to effectively distinguish anonymized data from data subject to the LGPD.
5. Strengthening of good practice and governance rules – Expansion of officially recognized compliance programs, with certifications and seals attesting to privacy maturity.
6. Guidelines for data sharing by the government – More details on scenarios, safeguards, and limits for interoperability between government databases and private entities;
7. Mutual recognition of adequacy between Brazil and the European Union – Regulatory alignment aimed at facilitating international data flows and boosting business between the two markets.

With the exception of Brazil–EU mutual recognition, all of the trends listed are already on the ANPD's official agenda and are expected to shape the regulatory landscape and business models in the coming years.

7 Steps to Compliance
Compliance with the LGPD requires method, discipline, and a long-term vision. More than just meeting legal requirements, it is about fostering a strong culture of data protection. To turn this goal into practice, we have set out seven practical steps that can guide you on your compliance journey:

1. Conduct a comprehensive assessment – Map and classify the personal data processed, identifying all collection, use, storage, and disposal processes, including sensitive data, across all sectors of the organization.
2. Review and adapt policies, contracts, and processes – Ensure that internal documents and contractual instruments are up to date and compliant with the LGPD and ANPD resolutions, making adjustments when necessary.
3. Implement internal policies and technical security measures – Adopt tools such as encryption, anonymization, backup systems, and access control with logs and activity tracking.
4. Promote periodic training for teams – Offer training programs on privacy and information security, reducing the risk of incidents caused by human error.
5. Prepare and keep the Data Protection Impact Report (RIPD) up to date – Assess risks and document mitigation measures, demonstrating transparency and legal compliance.
6. Establish an incident response plan – Create clear procedures for detecting, containing, reporting, and remediating security incidents, as required by the ANPD.
7. Continuous monitoring and constant improvement – Keep track of regulatory updates, incorporate new technologies, and optimize processes to maintain compliance.

Following these seven steps not only helps you meet legal requirements, but also strengthens the trust of customers, partners, and data subjects. Compliance with the LGPD should be viewed as an ongoing commitment, where constant monitoring and continuous improvement ensure that the organization is prepared to respond to new regulatory and technological challenges, preserving both compliance and reputation.

The 7th anniversary of the LGPD is not only a celebration of important institutional advances in the processing of personal data in Brazil, but also a milestone to reflect on the path that still lies ahead. The progress achieved shows that it is possible to build a more mature ecosystem aligned with global standards, but there are still numerous regulatory and technological challenges ahead.

More than a point of arrival, this moment represents an important step in the consolidation of the fundamental right to data protection in the country. It is time to maintain dialogue between regulators, the private sector, civil society, and the technical community, ensuring that the coming years are marked by consistent and sustainable progress on this agenda. 

Authors: Danilo Roque and Isabella Banzatto