DATA PROTECTION IN A COMPARATIVE PERSPECTIVE: BRAZILIAN GENERAL DATA PROTECTION LAW – LGPD AND EUROPEAN GENERAL DATA PROTECTION REGULATION – GDPR

Résumé fourni par la source

The present study aims to compare the Brazilian data protection framework, represented by the General Data Protection Law (LGPD), Law No. 13,709/2018, and the European system established by the General Data Protection Regulation (GDPR), identifying similarities, differences, and their current regulatory context. It is based on the premise that data protection has become a central issue in contemporary societies, marked by the intense digitalization of social, economic, and political relations, in which the large-scale processing of personal data plays a structural role. In this scenario, the establishment of standards of security, transparency, and informational integrity becomes essential for safeguarding fundamental rights, especially privacy and intimacy. Furthermore, the regulation of activities carried out by entities that collect and process data must be balanced, so as not to hinder technological innovation while ensuring adequate legal safeguards. The study examines the principles, foundations, and mechanisms provided by the LGPD and the GDPR, seeking to understand their points of convergence and divergence, as well as their impacts on the effectiveness of data protection. To this end, a deductive method is adopted, with a qualitative approach, based on bibliographic and documentary review of academic literature and legal frameworks. Finally, the research contributes to the legal debate on the development of regulatory models capable of addressing the challenges of a globalized and asymmetric digital environment, highlighting the role of regulatory authorities and data governance in promoting legal certainty and effective protection of data subjects in contemporary technological contexts..

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.