LGPD and Data Security in 2026

Introduction

The Brazilian General Data Protection Law (LGPD), enacted by Law No. 13,709/2018 and effective since September 2020, has established itself as the main regulatory framework for data protection in Brazil. Inspired by the European Union's General Data Protection Regulation (GDPR), the LGPD establishes a comprehensive set of rules for the collection, storage, processing, and sharing of personal data by public and private organizations.

In 2026, the LGPD is in a mature phase of application. The National Data Protection Authority (ANPD), created by the same law, has already published over 15 normative resolutions and dozens of guidance documents, in addition to having initiated hundreds of administrative sanctioning proceedings. With the effective beginning of fine applications in 2023/2024, Brazilian companies have made LGPD compliance a strategic priority.

LGPD Fundamentals and Data Subject Rights

The LGPD is based on ten legal bases for the processing of personal data, the main ones being: (a) the consent of the data subject; (b) compliance with legal or regulatory obligation; (c) contract execution; (d) regular exercise of rights; and (e) the legitimate interest of the controller. Choosing the appropriate legal basis is a critical step in compliance, as it determines the obligations and limits of processing.

Data subject rights are listed in Article 18 of Law No. 13,709/2018 and include: confirmation of the existence of processing; access to data; correction of incomplete, inaccurate, or outdated data; anonymization, blocking, or deletion of unnecessary data; data portability; and revocation of consent. ANPD Resolution No. 1/2024 detailed the procedures controllers must adopt to respond to data subject requests within a maximum period of 15 days (Brazil, 2018; ANPD, 2024).

ANPD Oversight and Applicable Sanctions

The ANPD plays a central role in enforcing the LGPD. Since 2023, the ANPD has significantly intensified its activities, conducting on-site inspections and requiring companies from various sectors to present compliance plans.

Sanctions under Article 52 of the LGPD include: (a) warning; (b) simple fine of up to 2% of the legal entity's revenue, capped at R$ 50 million per infraction; (c) daily fine; (d) public disclosure of the infraction; (e) blocking of personal data; and (f) deletion of personal data. In 2025, the ANPD applied its first substantial fines, exceeding R$ 1.5 million in cases involving breach of the duty to report security incidents (ANPD, 2025).

Data Security and Technical Measures

Personal data security is a central obligation of the LGPD. Article 46 of the Law determines that processing agents must adopt technical and administrative security measures capable of protecting personal data from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication, or any form of inappropriate or unlawful processing.

Recommended technical measures include: (a) data encryption at rest and in transit; (b) role-based access control (RBAC); (c) anonymization and pseudonymization of data; (d) intrusion detection and prevention systems (IDS/IPS); (e) regular backups and disaster recovery plans; and (f) penetration testing and periodic security audits (Bioni, 2024).

Regulatory Trends for 2026

The year 2026 promises significant advances in data protection regulation in Brazil. Key trends include: increased sectoral enforcement by the ANPD through cooperation agreements with sectoral regulators; regulation of artificial intelligence through Bill No. 2,338/2023; international data transfer rules established by ANPD Resolution No. 4/2024; and greater enforcement of privacy by design and privacy by default principles.

Data Protection Compliance Program

An effective data protection compliance program should include: (1) data mapping; (2) policies and procedures; (3) training and awareness; (4) incident management, including communication to the ANPD and affected data subjects within 72 hours; and (5) auditing and continuous improvement.

Conclusion

The LGPD has established itself as a definitive regulatory framework in the Brazilian legal landscape. In 2026, with the ANPD fully operational and case law on the subject developing, Brazilian companies face the challenge of maintaining robust and up-to-date compliance programs. Personal data protection is no longer a merely technical issue but a strategic corporate governance imperative with direct implications for business reputation, competitiveness, and sustainability.

Martinelli Advogados Associados offers complete advisory on LGPD compliance, including diagnostic assessment, policy development, team training, and representation before the ANPD.

References

ANPD — National Data Protection Authority. (2024). Resolution No. 1, January 15, 2024.

ANPD. (2025). Activity Report 2024-2025. Brasília: ANPD.

Bioni, B. R. (2024). Personal Data Protection: The function and limits of consent (3rd ed.). Rio de Janeiro: Forense.

Brazil. Law No. 13,709, August 14, 2018. General Data Protection Law (LGPD).

Brazil. Bill No. 2,338, 2023. Provides for the use of Artificial Intelligence.

Doneda, D., & Mendes, L. S. (2024). AI Regulation in Brazil: Challenges and Perspectives. Revista de Direito e Tecnologia, 12(3), 89–124.

European Union. (2016). Regulation (EU) 2016/679 (GDPR).