Data Strategy Briefing — Brazil LGPD administrative sanctions become enforceable

Executive summary. Administrative sanctions under Brazil’s Lei Geral de Proteção de Dados (LGPD) became enforceable on 1 August 2021, allowing the National Data Protection Authority (ANPD) to issue fines, daily penalties, and processing suspensions for non-compliance.^[1] The shift moves LGPD from a principles-first regime to one with tangible financial and operational consequences, pushing organizations to finalize data mapping, incident response playbooks, and evidence of lawful processing.

What changed

ANPD sanctioning powers activated

From August 2021, the ANPD can impose fines of up to 2% of a company’s revenue in Brazil (capped at BRL 50 million per infraction) and apply daily penalties, publicizing infractions and requiring remediation plans. The authority also published a supervision and sanctions regulation that outlines investigative phases and criteria for calculating penalties.

Focus on governance and localization evidence

Enforcement guidance prioritizes demonstrable governance: lawful bases, data subject rights procedures, and security controls aligned to the LGPD’s principles. Cross-border transfers and data localization for critical infrastructure operators remain scrutiny targets, requiring contractual clauses and transfer mechanisms consistent with ANPD expectations.

Incident response expectations

Organizations must notify the ANPD and affected data subjects of security incidents likely to cause significant risk or damage. The authority expects timelines, containment steps, and mitigation evidence, tying LGPD readiness to operational security maturity.

Implications for data leaders

Risk-based prioritization

Companies processing Brazilian resident data need to prioritize systems with extensive personal data, cross-border flows, or sensitive information. DPIAs and ROPAs should be updated to reflect Brazilian operations, and data processing agreements should embed LGPD-specific clauses.

Vendor oversight and localization

Third-party processors must provide proof of LGPD alignment, including breach notification SLAs and lawful transfer tools. Where data localization is contractually or regulatorily required, architecture teams should document residency controls and failover designs within Brazil.

Board-level accountability

Because ANPD can publicize infractions, boards should track LGPD compliance as part of enterprise risk reporting. Training, audit trails for data subject requests, and security testing results should be available for supervisory inquiries.

Next steps

Finalize enforcement runbooks

Establish incident escalation paths to legal and privacy leads, pre-draft notification templates, and ensure logging provides evidence for ANPD timelines. Simulate investigations using the ANPD’s oversight phases to validate documentation quality.

Refresh contractual tools

Update controller-processor agreements with LGPD references, cross-border transfer mechanisms, and audit rights. Where Brazilian operations depend on U.S. or EU service providers, verify that safeguards align with ANPD guidance.

Monitor sector guidance

Watch for ANPD guidance on international transfers and data sandbox initiatives that may adjust expectations for fintech, health, or public-sector deployments. Align internal policies with emerging sector codes of conduct.

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