Artifact GuideBrazilLegal Bases

Brazil LGPD Legal Bases

Choose and document an LGPD for each processing purpose. Article 7 applies to ordinary personal data, while Article 11 has a separate list for .

Record the purpose, data category, chosen basis, necessity, notice, retention, sharing, owner, approval, and reassessment trigger.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 25, 2026
Overview

Under the Brazil LGPD, a is the specific statutory situation that permits a defined processing purpose. First identify the purpose, people, data, and context; then use Article 7 for ordinary personal data or the separate Article 11 list for . Document every condition before processing and reassess the decision when the purpose, data, recipients, or operating context changes.

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Questions and answers

What is the first step when choosing an LGPD ?

Start by describing the exact purpose, people, data, collection source, recipients, retention, and operating context, and classify whether the data is ordinary or sensitive. Then match every factual condition to an Article 7 or Article 11 paragraph, record necessity and alternatives, and align the notice and controls before processing begins.

Can rely on the same bases as ordinary personal data?

No. must fit Article 11: specific and prominent for specific purposes, or one of Article 11's indispensable non-consent cases. Do not import Article 7's legitimate-interest, contract, or credit bases into Article 11. Classify what the data reveals in context, because an ordinary-looking field can support a sensitive inference.

What should teams document when they rely on ?

For ordinary personal data, document the controller's or third party's concrete , compatibility with the context, strict necessity, less intrusive alternatives, data-subject impacts and legitimate expectations, safeguards, transparency, approval, and reassessment triggers. Do not use this Article 7 basis for , and retain the analysis so ANPD can examine it.

Primary sources

References and citations

planalto.gov.br3 citations
Referenced sections
  • Articles 7, 10, and 11 provide the legal bases for ordinary and sensitive personal data and the conditions for legitimate interest.
  • Articles 7, 8, 10, and 11 support the legal-basis, consent, necessity, and sensitive-data records described here.
  • Articles 7, 10, 11, and 33 distinguish processing bases, sensitive-data bases, legitimate interest, and international-transfer mechanisms.
"O tratamento de dados pessoais somente poderá ser realizado nas seguintes hipóteses"
More quoted passages
"O tratamento de dados pessoais sensíveis somente poderá ocorrer nas seguintes hipóteses"
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