Melhores Advogados de Tecnologia da Informação em Brasil

1. About Tecnologia da Informação Law in Brasil

Ironically, there is no single umbrella law called Tecnologia da Informação law in Brazil. Instead, IT law is a composite of data protection, cyber security, e-commerce, digital contracts and telecom regulations. The guiding statutes are federal laws that shape how data is collected, stored, processed and shared online.

Two foundational pillars are the Marco Civil da Internet and the LGPD. The Marco Civil establishes rights and responsibilities for internet users and providers, including data handling and user safeguards. The LGPD creates a comprehensive framework for personal data processing and gives individuals enforceable privacy rights. Both laws apply to entities in Brazil and to foreign processors handling Brazil-based data.

The regulatory landscape also includes digital trust services and electronic signatures which impact IT projects and cloud implementations. Brazil increasingly relies on ICP-Brasil standards for digital authentication and non-repudiation. Together, these statutes shape how software vendors, employers, and public bodies manage data and technology systems.

A LGPD entrou em vigor em 2020; sanções administrativas começaram a vigorar em 2021.

Fonte: ANPD

2. Why You May Need a Lawyer

• Data breach response and regulatory notification - If your company experiences a data breach, a lawyer helps determine whether the event triggers LGPD notification duties to the ANPD and data subjects. They can guide containment, mitigation and the timing of disclosures to limit liability and reputational damage.

• Cross-border data transfers - Transferring personal data to overseas vendors or affiliates requires a lawful basis and often standard contractual clauses. A lawyer can draft transfer agreements and ensure compliance with LGPD requirements for international data flows.

• Privacy policy, terms of use and consent practices - Websites and apps must align privacy notices with LGPD and the Marco Civil. Counsel can draft or update policies, consent language and data retention schedules to reduce enforcement risk.

• IT contracting and data processing agreements - When engaging cloud providers or software vendors, you need DPAs and SLAs that address data processing roles, security measures and breach response obligations. A lawyer helps negotiate and review these documents.

• DPO or encarregado recruitment and scope - Depending on your data processing activities, you may need an Encarregado (Data Protection Officer). An attorney can assess qualification criteria and oversee implementation plans for LGPD compliance.

• Internal investigations and digital forensics - If internal data practices appear non-compliant, legal counsel coordinates with security teams and regulators to manage investigations, preserve evidence and implement remediation steps.

3. Local Laws Overview

Marco Civil da Internet - Lei 12.965/2014 governs the rights and duties of internet users, providers and operators in Brazil. It establishes principles for data handling, user privacy and accountability for online services. Official text is available on Planalto and remains a cornerstone for internet governance in the country. Lei 12.965/2014 (Marco Civil da Internet).

Lei Geral de Proteção de Dados Pessoais (LGPD) - Lei 13.709/2018 creates a comprehensive framework for processing personal data. It defines bases legais, data subject rights, duties of controllers and processors, and the role of the Autoridade Nacional de Proteção de Dados (ANPD). The law applies to entities in Brazil and to foreign handlers processing data in Brazil. Its text is accessible via Planalto: Lei 13.709/2018.

Lei 14.063/2020 - Lei n° 14.063, de 23 de setembro de 2020, estabelece serviços de confiança, assinaturas digitais e certificados eletrônicos que facilitam transações e contratos eletrônicos. This law supports IT projects through formal digital trust services. Official text: Lei 14.063/2020.

These laws shape core IT obligations in Brazil, including data protection, data localization considerations and digital contracting. For practical compliance, organizations often map data flows, review vendor contracts and implement privacy-by-design practices. A knowledgeable attorney can translate these statutes into concrete policies and controls for your business.

Dados de proteção e governança dependem de políticas claras, contratação cuidadosa de terceiros e treinamento interno.

Fonte: Planalto - LGPD, Planalto - Lei 14.063/2020, Planalto - Marco Civil da Internet.

4. Frequently Asked Questions

What is LGPD and how does it apply to my company?

The LGPD governs how organizations collect, process and store personal data. It applies to companies operating in Brazil or processing Brazil-based data, regardless of where the company is headquartered. It imposes duties on controllers and processors and gives data subjects rights such as access, correction and deletion.

How do I start LGPD compliance in Brasil?

Begin with a data inventory and map all personal data flows. Implement a privacy policy, assign an encarregado if required, and adopt data minimization, security controls and incident response procedures. A lawyer helps tailor a DPIA and governance framework.

When do fines apply under LGPD and who administers them?

Fines are administered by the ANPD as part of its enforcement regime. Penalties depend on the severity, type of processing and repeat violations, and can be substantial. A legal counsel helps mitigate risk by aligning practices with regulatory expectations.

Where should I report a data breach in Brasil?

Data breach reports should be directed to the ANPD and, depending on the incident, to affected data subjects. Your attorney can oversee formal notifications and communications with regulators to ensure timely and accurate disclosure.

Why is a privacy policy mandatory for websites in Brasil?

A privacy policy communicates how data is collected, used and shared. It helps demonstrate compliance with LGPD and Marco Civil, reducing enforcement risk and increasing user trust. Legal counsel can draft or review policies for your specific data practices.

Can personal data be transferred abroad and under what conditions?

Transfers abroad require a legal basis and appropriate safeguards, such as contract clauses or adequacy decisions. A lawyer can help you select and implement the correct transfer mechanism and ensure ongoing compliance.

Should I use electronic contracts for IT projects in Brasil?

Electronic contracts are valid when they meet legal requirements and are properly executed using trusted signatures. An attorney can ensure the contract language aligns with Brazilian digital signature standards and data protection rules.

Do I need a DPO in Brazil for my company?

Not all organizations require an encarregado, but many processing activities under LGPD do. A lawyer can assess whether you need a DPO and help appoint one, including role definition and reporting lines.

How much does IT law legal services typically cost in Brasil?

Costs vary by firm and complexity, but expect an initial consultation fee, followed by project-based or hourly rates. Budget for privacy program development and ongoing compliance support as a recurring expense.

What is the difference between Marco Civil and LGPD?

The Marco Civil sets broad internet usage rights and provider responsibilities, while the LGPD regulates personal data processing. The former focuses on user rights online; the latter governs data protection and enforcement mechanisms.

How long does it take to implement a data processing agreement?

Drafting and finalizing a DPA typically takes 2-6 weeks, depending on vendor complexity and number of data categories. A lawyer can expedite this with a standardized template and negotiation checklist.

Is a local Brazilian lawyer required for cross-border data processing?

While not always mandatory, a local lawyer is highly advisable. Brazilian law requires interpretive guidance on LGPD obligations and data transfer regimes, which a Brazilian attorney can provide effectively.

5. Additional Resources

• ANPD - Autoridade Nacional de Proteção de Dados - Government agency that regulates LGPD compliance and enforces data protection standards. Official site: https://www.gov.br/anpd/pt-br
• Marco Civil da Internet - Text of Lei 12.965/2014 and its internet governance provisions. Official text: Lei 12.965/2014
• Lei Geral de Proteção de Dados Pessoais (LGPD) - Core data protection law in Brazil. Official text: Lei 13.709/2018
• Lei 14.063/2020 - Digital signatures and trust services law. Official text: Lei 14.063/2020

6. Next Steps

1. Assess your needs and data risks - Identify processing activities, jurisdictions involved and whether LGPD applies to your business. Set goals for a formal compliance program within 4-8 weeks.
2. Gather current documents - Collect privacy notices, terms of service, data processing agreements, data inventories and any DPIA drafts. This provides a baseline for a first compliance plan within 2-4 weeks.
3. Engage a qualified IT law attorney - Find a lawyer with LGPD experience and OAB registration. Request a scope-of-work and fixed-fee proposal to avoid surprises.
4. Develop a privacy program and DPIA - Work with the attorney to implement data protection policies, incident response plan and a formal DPIA process. Expect 4-12 weeks for a first complete cycle.
5. Implement contracts and vendor review - Update DPAs, SLAs and security clauses with third parties. This step typically takes 2-6 weeks per major vendor depending on complexity.
6. Train staff and monitor compliance - Launch awareness training and establish periodic audits. Plan ongoing quarterly reviews and annual policy updates.