Seven years after its entry into force, the LGPD has established itself as a structuring pillar of digital governance in Brazil, advancing towards international benchmarks such as the European Union’s General Data Protection Regulation (GDPR). The inclusion of data protection among fundamental rights, promoted by Constitutional Amendment No. 115/2022, not only strengthened legal certainty but also shielded the issue from legislative setbacks, ensuring regulatory stability and predictability for companies and public agencies.
The National Data Protection Authority (ANPD) has played a decisive role in this development, issuing resolutions, guidelines, and statements that bring objectivity and practical applicability to the law. Notable among these advances are the regulation of international data transfers, consolidated by Resolution CD/ANPD No. 19/2024, which establishes contractual and technical standards aligned with global best practices, and the controlled flexibility for the processing of minors’ data, as per Statement CD/ANPD No. 1/2023, which maintains the centrality of the best interest principle without hindering legitimate operations.
In the field of innovation and emerging challenges, the intersection between the LGPD and artificial intelligence deserves strategic attention. The ANPD’s active participation in legislative debates and the implementation of a regulatory sandbox for algorithmic governance demonstrate a proactive approach aligned with global trends. In the cybersecurity sphere, Resolution CD/ANPD No. 1/2024, by establishing clear protocols for incident reporting, raises the level of maturity of organizations, strengthens operational resilience, and promotes a culture of accountability increasingly demanded by the market and society.
From a strategic perspective, the LGPD is at an inflection point: its future effectiveness will depend on the ability to continuously update regulations, effectively integrate with international standards, and fully incorporate “privacy by design” and “by default” practices into corporate routines, which seek compliance with current and future products, within a robust Digital Compliance framework.
Accumulated experience reveals that the challenge is not only to comply with the law, but to integrate it into the core of business decisions, making data protection not a cost, but a competitive differentiator and a factor of trust in relationships with data subjects and partners.
Flávia de Aguiar Pietri Vicente | flavia.vicente@nascimentomourao.adv.br
Partner in the Corporate Advisory Law practice, Specialist in Digital Law and Data Protection.
