The first sweeping data protection ruleset in Latin America was scheduled to take effect on Aug. 15, though a substantial portion of the act has been delayed until May 2021.
In this post, we’ll break down with the LGPD means for B2B marketers – particularly those in the U.S. and Canada.
(A word of warning, first. We’re a marketing agency, not a law firm. If you’re concerned about your LGPD exposure, call your attorney.)
Think of the LGPD as Brazil’s answer to the EU’s GDPR. The act covers “collecting, handling, storing and sharing of personal data managed by organizations.”
Just like the GDPR, the LGPD provides individuals with rights associated with their data. And it allows for significant fines for noncompliance.
Any organization that does business in Brazil (or with its 210 million citizens) should think about the LGPD. If you process personal data of a Brazilian user, you need to abide.
There is no clear distinction between B2B and B2C companies, though there are exceptions for personal use and security.
If you don’t do business in Brazil, you’re probably in the clear. But that doesn’t mean you shouldn’t practice normal data hygiene.
The LGPD gives Brazilians a similar set of data rights as EU citizens. As of Aug. 15, they are entitled to:
There are definitely subtle differences, but the LGPD is basically the GDPR as far as B2B marketers are concerned.
Each violation carries a fine up to 2% of a company’s Brazilian revenue, up to roughly $13 million USD. Sanctions do not appear to be in the offing until August 2021.
Just like the GDPR, there’s no magic statement you can put in your privacy policy to become “LGPD compliant.” It’s all about your data practices.
In other words, practice the “IKOP” method:
LGPD compliance for B2B marketers comes down to basic data hygiene. Even if you don’t do business in Brazil, these best practices might steer you out of hot water someday.
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