Brazil's LGPD vs GDPR: Key Differences for Compliance Teams

If you're already GDPR-compliant, you're halfway to LGPD compliance. But the details matter. Here are the critical differences.

Legal bases: 10 vs 6

LGPD provides 10 legal bases for processing (vs GDPR's 6), including credit protection, exercise of rights in judicial proceedings, health protection, and studies by research bodies. This broader set can simplify compliance for certain activities but requires careful mapping under each regime.

Penalties and enforcement

LGPD caps fines at 2% of Brazilian revenue (max R$50M per violation), compared to GDPR's 4% of global turnover with no cap. The ANPD is accelerating enforcement since its first fine in 2023. Beyond fines, LGPD allows suspension of data processing, which can be devastating for data-dependent businesses. Cleo monitors both ANPD and EU DPA decisions to keep your dual-regime compliance current.

International transfers

LGPD allows transfers to countries with adequate protection, through standard clauses, or with specific consent. The ANPD has not yet published official adequacy lists or standard clauses. For Brazil-EU transfers, parallel safeguards under both regimes are the safest approach. Cleo maps required transfer mechanisms and tracks evolving ANPD guidance.

Frequently asked questions

Is LGPD the same as GDPR?

LGPD is inspired by GDPR but differs in several areas: it has 10 legal bases (vs 6 for GDPR), lighter fines (max 2% of Brazilian revenue, capped at R$50M per violation), different rules for international transfers, and the ANPD is still building enforcement capacity.