Brazilian Cybersecurity Regulation

July 15, 2025

 

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Brazil Cybersecurity & Privacy Laws: A Guide for SMBs & Licensees

Navigate the data security and privacy landscape in Brazil. TEKRiSQ helps Small and Medium Businesses and Licensees understand their compliance obligations to protect data and avoid penalties under the LGPD and other regulations.

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Understanding Data Protection in Brazil

Brazil has established a robust legal framework for data protection, primarily centered around the Lei Geral de Proteção de Dados Pessoais (LGPD), or General Data Protection Law. This comprehensive law, similar to Europe’s GDPR, governs the collection, use, processing, and storage of personal data. Beyond the LGPD, Brazil also has sector-specific regulations and general cybersecurity principles.

For Small and Medium Businesses (SMBs) and entities holding specific licenses (like insurance companies) operating in or serving Brazilian residents, adherence to these laws is crucial. Non-compliance can lead to significant financial repercussions, legal challenges, and damage to your business’s reputation.

This guide provides a clear overview of Brazil’s key cybersecurity, data security, and privacy laws, summarizing your responsibilities and explaining why proactive compliance is essential for protecting your data and ensuring business continuity.

Brazil map with digital security overlay

Lei Geral de Proteção de Dados Pessoais (LGPD) (Law No. 13,709/2018)

Illustration of data privacy shield with Brazilian flag elements

What is This Law?

The LGPD is Brazil’s comprehensive data protection law, effective August 2020 (with penalties enforceable from August 2021). It applies to any data processing operation carried out in Brazil, or when the processing aims to offer goods/services to individuals in Brazil, or when data is collected in Brazil, regardless of where the processing entity is located.

Key SMB Responsibilities:

  • Legal Bases for Processing: Process personal data only under specific legal bases (e.g., consent, legitimate interest, legal obligation). Consent must be free, informed, and unequivocal.
  • Data Subject Rights: Facilitate rights of access, correction, anonymization, blocking, deletion, data portability, information about shared data, and revocation of consent.
  • Security Measures: Implement technical and administrative security measures to protect personal data from unauthorized access, destruction, loss, alteration, communication, or any form of inappropriate or unlawful processing.
  • Data Protection Officer (DPO): Appoint a DPO to act as a communication channel with data subjects and the National Data Protection Authority (ANPD).
  • Data Protection Impact Assessments (DPIAs): Conduct DPIAs for processing operations that may entail high risk to data subjects’ rights and freedoms.
  • Data Breach Notification: Notify the ANPD and affected data subjects “in a reasonable time” if a security incident is likely to result in relevant risk or harm to data subjects. This includes details of the incident, affected data, and measures taken.

Why it’s Important:

The LGPD significantly enhances data privacy rights in Brazil. Non-compliance can lead to severe administrative sanctions, including warnings, daily fines, and fines up to 2% of the company’s annual gross revenue in Brazil (capped at BRL 50 million, approx. USD 8.5 million), per infraction. It also allows for legal actions from affected individuals.

Read the full Lei Geral de Proteção de Dados (LGPD) →

ANPD Guidance (Portuguese PDF) →

General Cybersecurity & Information Security in Brazil

What are These Regulations?

While the LGPD covers data protection comprehensively, Brazil’s cybersecurity framework is also shaped by other legal instruments and policies, including the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet) and the National Cybersecurity Policy (PNCiber). These laws emphasize general information security principles and criminalize cyber offenses.

Key SMB Responsibilities:

  • Information Security Policy: Implement a formal information security policy defining governance structures, responsibilities, and risk controls.
  • Incident Response: Be prepared to respond to cyber incidents, which is a core compliance requirement.
  • Consumer Protection Code: Suppliers of digital products/services must meet established technical standards, often based on international frameworks like ISO/IEC 27001, to avoid liability for failing to meet security expectations.
  • Data Storage & Privacy: Internet service providers and application operators have obligations regarding user privacy and data storage.
  • Criminal Offenses: Be aware of the Brazilian Penal Code provisions criminalizing unauthorized access to IT systems, electronic fraud, and digital theft.

Why it’s Important:

Adhering to general cybersecurity principles and specific regulations beyond LGPD ensures a holistic approach to protecting your digital assets and customer data. This minimizes legal exposure, prevents operational disruptions, and safeguards your business from criminal charges related to cyber offenses. It demonstrates due diligence in a rapidly evolving digital landscape.

Read the full Marco Civil da Internet (Portuguese) →

Information Security in Brazil: Legal Framework (IR Global) →

Network security illustration with data flow

Brazil Insurance Data Security Regulations (SUSEP)

Illustration of insurance documents with a privacy lock and shield, set against a Brazilian backdrop

What are These Regulations?

The Superintendence of Private Insurance (SUSEP) is the regulatory body for the Brazilian insurance sector. SUSEP issues specific regulations that obligate insurers, reinsurers, and other supervised entities to implement robust information security measures and incident response plans, complementing the LGPD. Recent regulations also focus on “Open Insurance,” promoting secure data sharing.

Key Licensee Responsibilities:

  • Information Security Policies: Implement comprehensive information security policies and procedures tailored to the risks of the insurance sector.
  • Incident Response Plans: Develop and maintain robust incident response plans to address cybersecurity events effectively.
  • Notification of Incidents: Notify relevant parties (including SUSEP and potentially affected individuals under LGPD) of cybersecurity incidents.
  • Periodic Reporting: Prepare and submit periodic reports on the effectiveness of cybersecurity measures and risk management to SUSEP.
  • Data Sharing (Open Insurance): Adhere to regulations for secure data sharing in the context of “Open Insurance,” ensuring consumer consent and data control.
  • Risk Management: Ensure sustainability risks (including those related to data security) are properly managed, often requiring triennial materiality assessments.

Why it’s Important:

These SUSEP regulations are critical for protecting highly sensitive financial and personal data within the insurance industry. Compliance ensures the stability and integrity of the insurance market, builds trust with policyholders, and prevents significant fines and operational disruptions. It also aligns the sector with broader national data protection goals.

SUSEP Official Website (Portuguese) →

SUSEP Publishes Regulation for Open Insurance in Brazil (The Paypers) →

Why Brazil Compliance Matters for All SMBs

Beyond specific industry regulations, a strong compliance posture is essential for every Brazilian SMB.

Avoid Costly Penalties

Non-compliance with Brazilian laws, especially the LGPD, can lead to significant fines and legal fees that can cripple a small business.

Affordable SMB Cybersecurity Solutions →

Build & Maintain Customer Trust

Brazilian consumers are increasingly aware of their data privacy rights. Demonstrating robust compliance builds trust and enhances your brand’s reputation.

Understanding Digital Trust →

Protect Against Cyber Threats

Compliance mandates the implementation of strong cybersecurity measures, directly protecting your business from data breaches, ransomware, and other attacks.

Enhance Your Security Posture →

Ensure Business Continuity

Proactive compliance and security measures significantly reduce the likelihood and impact of disruptive security incidents, ensuring your operations continue smoothly.

Secure Your Data →

Competitive Advantage

Being recognized as a secure and compliant business can differentiate you from competitors and attract more clients, especially in sensitive industries.

Learn about Data Governance →

Streamline Operations

Implementing well-defined security and privacy practices leads to more organized and efficient data handling.

Develop Your IRP →

TEKRiSQ Solutions for Brazil Compliance

TEKRiSQ offers comprehensive services to help your Brazilian SMB or licensed entity achieve and maintain compliance with state cybersecurity and privacy laws.

Cyber Risk Assessments

Identify vulnerabilities and compliance gaps specific to Brazilian regulations.

Explore Assessments →

Data Governance & Privacy

Implement frameworks for data handling, aligning with LGPD and other privacy mandates.

Learn about Data Governance →

Incident Response Planning (IRP)

Develop robust plans to meet Brazilian data breach notification requirements.

Get Your IRP →

Employee Cybersecurity Training

Educate your team on their role in protecting data and complying with state laws.

Explore Training →

Managed Security Services

Ongoing support to continuously monitor and improve your security posture for sustained compliance.

For Consulting Firms →

Endpoint Protection (EDR)

Advanced threat detection and response for your devices, a key component of robust security.

Discover EDR →

Brazilian Contacts & Resources

For official information and assistance regarding Brazil’s data privacy, security, and insurance laws, you can contact:

Autoridade Nacional de Proteção de Dados (ANPD)

National Data Protection Authority:

Email (DPO): encarregado@anpd.gov.br

Phone: +55 (61) 2017-3338

ANPD: Fale Conosco (Contact Us) →

Superintendência de Seguros Privados (SUSEP)

Superintendence of Private Insurance:

General Contact: SUSEP Contact Page →

SUSEP Official Website →

Ready to Ensure Your Brazil Compliance?

Don’t let complex regulations be a barrier. Partner with TEKRiSQ for expert guidance and practical solutions.

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