LGPD: Brazil's Privacy Law

This article provides a clear overview of the LGPD: Brazil's Privacy Law. It covers what personal information means under the law, who must comply, and the rights individuals have. You’ll also find information on how we help protect your privacy and support your choices.

• LGPD Overview
• What is Personal Information Under the LGPD?
• Who Has Obligations Under the LGPD?
• What rights do individuals have under the LGPD?
• How are we complying with the LGPD?
• How Are We Helping You Comply with LGPD?
• Where can I learn more about how you handle my privacy?
• Summary

LGPD Overview

Brazil has enacted a privacy law comparable in scope and impact to the European Union’s General Data Protection Regulation (GDPR), known as the Lei Geral de Proteção de Dados (LGPD). Similar to the GDPR, the LGPD requires organizations that process personal data to take responsibility for how that information is collected, used, and managed. It also grants individuals new rights. The law takes effect on August 15, 2020.

In this article, we will walk you through some of the most relevant parts of the LGPD law. While not an exhaustive summary of the LGPD or legal advice for you or your company to use in complying with the law, this article is intended to provide helpful background information on the LGPD to help you better understand the law and how it may apply to you and your business. You should consult your own legal counsel to determine if you are subject to the requirements of LGPD and for a full understanding of your obligations under the law.

What is Personal Information Under the LGPD?

The LGPD defines personal information very broadly. If information can be traced back to, or is related in some way to, an individual, it is likely to be considered personal information under the LGPD.

In addition to the kinds of information you might think about as personal information — name, address, email address, financial information, contact information, identification numbers, etc. — personal information can, in some cases, be information related to an individual’s digital life, like an IP address, geolocation, browsing history, cookies, or other digital identifiers. It could also include other types of information about an individual, including information about their physical, mental, social, economic, or cultural identities.

Who Has Obligations Under the LGPD?

As a rule, the LGPD extends to all sectors—public and private—and to online and offline processing of personal data, irrespective of the jurisdiction of a company’s headquarters or the data’s storage location, so long as:

• processing operations are carried out in Brazil;
• personal information was collected in Brazil; or
• Personal information belongs to individuals located in Brazil.

There are certain exceptions that may apply to you. If you are unsure if you have obligations under this law, consult with your legal counsel.

What rights do individuals have under the LGPD?

The LGPD establishes a number of rights. Under the LGPD, individuals can:

• Ask whether we process personal information about them, and if we do, to access data we hold about them and certain information about how we use it and who we share it with;
• Ask us to update or correct personal information if it is inaccurate, incomplete, or out-of-date data;
• Ask us to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD;
• Ask us to port their data to another service or product provider, by means of an express request;
• Ask us to delete personal data;
• Ask us to provide information about the possibility of denying consent and the consequences of such denial; and
• Withdraw or revoke your consent.

Please note that not all of these rights listed above are absolute, and limitations/exceptions apply in some cases.

How are we complying with the LGPD?

Our Customers can opt out of marketing or promotional emails whenever they choose by clicking the ‘unsubscribe’ link found at the bottom of each message.

Additionally, when you visit our website, tools that allow you to select your cookie preferences will be deployed.

How Are We Helping You Comply with LGPD?

We are dedicated to ensuring that our products allow our customers to comply with their obligations under the LGPD. Additionally, where required by law, we will support you in fulfilling LGPD-related requests that you receive from your customers.

Where can I learn more about how you handle my privacy?

Please consult our Privacy Notice for more information about how we use your personal information.

Our Bluehost Privacy Center explains what information we collect about you as a customer and how we handle your personal information. This notice includes descriptions of how your personal information is used by us.

Summary

This article helps you understand Brazil’s LGPD privacy law. You’ll learn what counts as personal information, who needs to comply, and what rights you have over your data. We explain how we support your privacy and make it easy for you to manage your preferences. For more information, you can visit our Privacy Center or contact us directly.