Artifact GuideBrazilChecklist

Brazil LGPD Checklist

Use this checklist before launch and after material changes to confirm that each applicable LGPD duty has an owner, an operating control, and dated evidence.

A policy or signed vendor contract is not enough if the related notice, rights path, security measure, or transfer mechanism does not work for the real data flow.

Author
Sorena AI
Published
May 9, 2026
Updated
Oct 15, 2026
Overview

Work from the processing inventory. For each purpose, identify scope, and operator roles, data category, Article 7 or 11 basis, transparency, rights, retention, security, recipients, international transfers, and incident handling. Mark an item complete only when the control operates and the evidence identifies the affected data flow.

Section 1

What must the LGPD checklist cover before processing starts?

First confirm that Article 3 applies and whether Article 4 excludes the operation. Then document the , each operator, the specific purpose, the personal-data categories, the Article 7 basis for ordinary data or Article 11 basis for sensitive data, and any best-interest analysis required for children or adolescents.

Before collection or reuse, make the Article 9 information available in clear language, limit the data to what is necessary, define retention and deletion rules, and connect the operation to the channel that handles Articles 18-20 rights.

  • Scope and roles pass when the record identifies the Article 3 link or exact Article 4 exclusion, the factual and operators for each operation, the encarregado or documented small-agent dispensation, and a working public contact channel.
  • Purpose and basis pass when each purpose has its own Article 7 or 11 decision, necessity evidence, matching notice, consent record where used, and legitimate-interest test where relevant. A single basis attached to an entire product is not enough when its purposes differ.
  • People and lifecycle pass when the rights channel has been tested, identity checks are proportionate, searches cover operators and archives, sharing corrections can be propagated, and retention ends in deletion or a documented Article 16 conservation ground.
  • Risk and data flow pass when design-stage security controls have operating evidence, vendors have usable instructions and escalation duties, every transfer has both a processing basis and Article 33 mechanism, incidents reach the , and any required or risk-based RIPD is approved and tracked.
Section 2

What evidence should close each checklist item?

Each row should name the requirement and affected processing activity, not merely cite a policy. Record the accountable control owner, reviewer, implementation state, exception, due date, evidence location, and event that will trigger reassessment.

Evidence should show operation: a current data-flow map, processing record, notice as displayed, consent event where applicable, completed basis assessment, rights log, retention rule, vendor instruction, access review, security test, executed transfer mechanism, incident exercise, or filed communication.

  • Legal source and provision; entity, product, system, purpose, people, data categories, , operators, and recipients.
  • Required action, owner, reviewer, status, due date, exception, legal or factual assumption, and reassessment trigger.
  • Evidence that can be opened and dated, with the version or environment checked.
  • For a gap, a remediation action and interim risk decision rather than an unsupported 'not applicable' result.
  • For a not-applicable result, record the exclusion or missing trigger and the facts tested. Reopen it when those facts change.
Section 3

Which clocks, exceptions, and change triggers need a separate check?

For confirmation or access requests, distinguish an immediate simplified response from the complete Article 19 declaration due within 15 days. Eligible small processing agents have specific doubled or simplified periods under Resolution 2/2022; the regulation does not excuse them from the rest of the LGPD.

For a confirmed security incident that may cause relevant risk or damage, the generally has three business days to notify the ANPD and affected people, subject to a period set by specific legislation. Keep records of security incidents involving personal data for at least five years from registration, subject to longer duties and the Article 10(2) public-body archival exception.

For international transfers, document both an Article 7 or 11 processing basis and a valid Article 33 transfer mechanism. ANPD standard clauses must be used in full when that mechanism is selected; adequacy must come from an ANPD decision.

  • Reopen the checklist after a new purpose, data category, market, user group, vendor, subprocessor, remote-access location, security incident, complaint, or material ANPD rule.
  • Test exemptions such as small-agent relief against their eligibility and high-risk limits instead of applying them from company size alone.
  • For children and adolescents, document how their best interest prevails in the concrete case; do not treat parental consent as the only possible basis or as a substitute for that rule.
  • Record unresolved interpretation questions and the interim control rather than marking the item complete.
Primary sources

References and citations

planalto.gov.br3 citations
Referenced sections
  • Binding checklist source for scope, principles, legal bases, transparency, children, rights, records, roles, security, incidents, transfers, and governance.
  • Binding source for scope, principles, legal bases, transparency, children, rights, records, roles, security, incidents, transfers, and accountability.
  • Articles 6, 37, 38, 46, and 50 support necessity, accountability records, impact-report content, security measures, and governance evidence.
gov.br2 citations
Referenced sections
  • Binding small-agent eligibility limits and proportionate compliance measures; it does not waive the remaining LGPD duties.
  • Binding eligibility limits, simplified records, encarregado dispensation, and differentiated deadlines for small processing agents.
gov.br
Referenced sections
  • Binding rule allowing eligible small processing agents to use simplified records and certain proportionate measures while preserving the remaining LGPD duties and data-subject rights.
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