Latin America

LGPD

Lei Geral de Proteção de Dados Pessoais

The LGPD is Brazil’s general data protection law, broadly modelled on the GDPR. It requires a lawful basis for any processing of personal data. For non-essential cookies, that basis is usually consent, which must be free, informed and unambiguous. The ANPD (Agência Nacional de Proteção de Dados) enforces it.

At a glance

Opt-in

Region
Brazil
Status
In force since September 2020
Penalties
Fines of up to 2% of the company’s or group’s revenue in Brazil for its last financial year, excluding taxes, capped at BRL 50 million per infraction. The ANPD can also issue warnings and daily fines, publish the infraction, and order data to be blocked or deleted or processing to be suspended.
Who it affects
Any organisation that processes personal data of individuals located in Brazil, regardless of where the organisation is based or where the processing happens.

What the LGPD requires

  • Have a lawful basis for each cookie that collects personal data. For most non-essential cookies, such as advertising cookies, this is consent that is free, informed and unambiguous and given for a specific purpose.
  • Give people clear, easy-to-find information on the purpose and duration of processing, who you share data with and their rights. The ANPD advises against giving cookie information only in a foreign language.
  • Let data subjects access, correct, delete and port their data.
  • Appoint a data protection officer (encarregado) and publish their identity and contact details. Some small businesses may offer a contact channel instead.
  • Notify the ANPD and the people affected within three working days of learning of a security incident that may cause them significant risk or harm.
  • Keep a record of consents and processing activities you can show on request.
The banner’s first layer: a short notice, Necessary, Analytics and Marketing switches, and Reject all beside Accept all

What the banner does here

The same opt-in mode as in the EU and UK: non-essential cookies are blocked until the visitor chooses, with Reject all beside Accept all at the same size, and no pre-ticked boxes.

How GrantCookie covers it

  • Scheduled scans. The scanner finds the cookies and trackers your site sets, sorts them into categories and re-checks on every scheduled scan, so the banner asks about what is really there.
  • Provable records. Every choice is timestamped and stored with the banner version the visitor saw. Paid plans include consent log export.
  • Withdrawing consent. A re-open control stays on every page, so visitors can withdraw or change their choice at any time.
The consent log: each row has a timestamp in UTC, a consent ID and the visitor’s choice

This page is general guidance. It is not legal advice. Check your specific obligations with a qualified adviser.

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