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Guide · Brazilian law

LGPD for sites with ads, the simple way

The General Data Protection Law applies to any site that processes data of people in Brazil, including cookies and identifiers used by ads. This guide shows what the law asks for, how the ANPD guides the use of cookies, what the sanctions are and what a publisher needs to have online.

  • ✓Based on the text of Law 13,709/2018 and the ANPD cookie guide
  • ✓Practical differences between the LGPD and the GDPR
  • ✓Reads the site without changing anything
10legal bases for processing personal data
2%of revenue in Brazil, ceiling of the simple fine per infraction
R$50Mlimit of the simple fine per infraction
2020year the LGPD took effect

What it is

The law that organizes the use of personal data in Brazil

The LGPD is Law No. 13,709, of August 14, 2018. It says when a company can collect, use, store and share personal data, and what rights people have over that data. It applies to companies, self-employed professionals and public bodies, in the physical world and online.

Personal data is any information linked to an identified or identifiable person. On a site, this includes the name and email from a form, but also the IP address, cookie identifiers and the browsing history used to show ads. Sensitive personal data is a more protected category: health, religion, racial origin, political opinion, sex life, genetic and biometric data.

The data subject is the person who owns the data. The controller decides what the data is used for, and is normally the site owner. The processor handles the data on behalf of the controller, like an email platform. The DPO (encarregado) is the person or company that acts as the bridge between the controller, the data subjects and the authority.

Enforcement is by the ANPD. Created as the Autoridade Nacional de Proteção de Dados, it is now called the Agência Nacional de Proteção de Dados, with the same acronym. The ANPD publishes regulations and guides, receives complaints and applies the law's sanctions.

Checklist

What you need to meet

What the LGPD, the ANPD and Google require of a site with ads that receives visitors from Brazil.

  1. Complete privacy policy

    The law guarantees the data subject easy access to the purpose, form and duration of data use, who the controller is and how to contact them, sharing and the rights under article 18. Google also requires the policy to say that third parties, such as Google, use cookies to show ads.

    Example

    We use our own and third-party cookies, including Google's, to show ads based on your visits to this and other sites.

  2. Advertising cookies only after a yes

    The ANPD guide indicates consent for non-necessary cookies and recommends keeping them off by default. If you use Google tags, Consent Mode can start as denied for Brazil only and change when the person accepts.

    gtag('consent', 'default', {
      'ad_storage': 'denied',
      'ad_user_data': 'denied',
      'ad_personalization': 'denied',
      'wait_for_update': 500,
      'region': ['BR']
    });
  3. Easy-to-see reject button

    The ANPD guide recommends an easy-to-see button to reject all non-necessary cookies. It advises against a banner with a single button and no option to manage.

    Example

    Accept all | Reject non-necessary | Customize

  4. Nothing pre-selected

    The ANPD guide says it is not recommended to use a banner with authorization options already checked. Each purpose starts off until the person chooses.

  5. Revoke at any time

    The law says consent can be revoked at any time, through a free and simplified procedure. Leave a fixed link for the person to change their choice.

    Example

    Link in the footer of every page: Cookie preferences

  6. Published data protection officer contact

    The identity and contact of the data protection officer must be disclosed clearly and objectively, preferably on the site. Small-scale agents exempt from appointing an officer must keep a channel with the data subject.

    Example

    Data protection officer: Maria Silva. Contact: privacy@yoursite.com.br

  7. Respond to data subject requests

    Confirmation and access to the data can be given right away, in a simplified format, or in a full statement within 15 days of the request. Have a channel to receive these requests.

  8. Take care with children and sensitive data

    Children's data requires the consent of at least one parent or guardian. Sensitive data, such as health and religion, requires specific and prominent consent, and Google does not accept personalized ads based on them.

In practice

Right and wrong

Official tools

Certified CMPs and official links

Google does not require a certified CMP or have its own message for the LGPD, so choose a tool that follows the ANPD guide, and use a certified CMP only if the site also receives visitors from Europe.

Who it applies to

Three situations put your site within the LGPD

One is enough. It does not matter the size of the site or where the servers are.

Processing done in Brazil

If the collection or use of the data happens in the national territory, the law applies.

Offering to people in Brazil

If the goal is to offer products or services to people who are in Brazil, or to process their data, the law applies even to foreign companies.

Data collected in Brazil

If the data was collected in the country, the LGPD applies to it, even if it is later processed abroad.

Small sites too

Blogs and small businesses follow the law. The ANPD has lighter rules for small-scale agents, but not a general exemption.

Legal bases

The legal bases that matter most for a site

Article 7 lists 10 bases for processing personal data. For a content site with ads, these are the ones that come up day to day.

Consent

A free, informed and unambiguous expression for a specific purpose. It is the basis recommended by the ANPD for non-necessary cookies, such as advertising ones.

Legitimate interest

A real interest of the site, as long as it does not override the data subject's rights. It can serve for strictly necessary cookies and aggregate measurement, according to the ANPD.

Performance of a contract

Data needed to fulfill a contract with the person, such as a paid subscription or a purchase.

Legal or regulatory obligation

When a law requires keeping the data. The Marco Civil da Internet, for example, requires keeping application access logs for a period.

Credit protection

Used in credit analysis and positive credit records. Common on finance sites, rare on content sites.

Other bases

Public policies, research, exercise of rights in proceedings, protection of life and health care complete the list in Article 7.

Cookies

What the ANPD cookie guide says

In October 2022, the ANPD published the Guia Orientativo Cookies e Proteção de Dados Pessoais (Cookies and Personal Data Protection Guidance Guide). It separates cookies into necessary and non-necessary, first-party and third-party, session and persistent, and by purpose: analytics, functionality and advertising.

For strictly necessary cookies, such as those that keep the login or the cart, the guide says consent is not the most appropriate basis. Legitimate interest can be used, as long as the law's requirements are met. For non-necessary cookies, such as advertising ones and those that track a person's behavior, consent is the most appropriate basis.

The guide recommends a banner with an easy-to-see button to reject all non-necessary cookies, and advises against banners with only an accept button. It also does not recommend pre-selected options and advises leaving cookies that depend on consent turned off by default.

Finally, the guide asks for a Cookie Policy or equivalent document, which can be a section of the privacy notice or a separate page. For advertising, the guide states that legitimate interest will hardly be the most appropriate basis.

Data subject rights

What the visitor can ask of your site

Article 18 lists the data subject's rights. The site needs a channel to receive and answer these requests.

Confirmation and access

Know whether the site processes their data and see what it is.

Fix

Correct incomplete, wrong or outdated data.

Anonymization, blocking or deletion

Ask for unnecessary, excessive or unlawfully processed data to be anonymized, blocked or deleted.

Portability

Take the data to another service or product provider.

Information about sharing

Know which companies and bodies the data was shared with, such as ad networks.

Revoke consent

Withdraw consent at any time, free of charge and easily, and be informed about the possibility of not consenting.

What to do

What a Brazilian publisher needs to have online

  1. Complete privacy policyExplain what data the site collects, for what, on what legal basis, who it shares it with (including Google and ad networks), how long it keeps it and how the data subject exercises their rights.
  2. Cookie policyList the types of cookies, the purpose of each and whether they are first-party or third-party. It can be a section of the privacy policy.
  3. Banner when there are non-necessary cookiesIf the site uses advertising or tracking cookies, show a banner with visible accept and reject buttons and unticked options.
  4. A way to change the choiceLeave a permanent link, such as Cookie preferences in the footer, so the visitor can revoke or adjust consent at any time.
  5. DPO or contact channelName the DPO and publish their contact on the site. CD/ANPD Resolution No. 18, of July 2024, details this role. Small-scale agents may be exempt from naming a DPO, but must keep a communication channel with the data subject.
  6. Security and incidentsProtect the data with technical measures and report to the ANPD and to data subjects any security incidents that may cause relevant risk or harm.

Sanctions

What the ANPD can apply

The Article 52 sanctions have applied since August 1, 2021. The ANPD sets the amount in each case through its dosimetry regulation.

Warning

With a deadline for the site to adopt corrective measures.

Simple fine

Up to 2% of the revenue of the company, group or conglomerate in Brazil in the last fiscal year, excluding taxes, capped at R$50 million per infraction.

Daily fine

To force the correction of an irregularity, within the same total limit.

Publicization

Making the infraction public after it is confirmed, which affects the site's reputation.

Blocking or deletion

Blocking or deleting the personal data linked to the infraction.

Suspension and prohibition

Suspending the database or the processing activity, and even fully or partially prohibiting data processing.

Timeline

From the approval of the law to the regulatory agency

The dates that weigh most for those with a site in Brazil.

  1. August 14, 2018

    LGPD is signed

    Law No. 13,709 is published with an adaptation period before taking effect.

  2. September 18, 2020

    Law takes effect

    The rules on legal bases, rights and obligations take effect.

  3. August 1, 2021

    Sanctions take effect

    The ANPD gains the power to apply warnings, fines and the other Article 52 sanctions.

  4. October 2022

    Cookie guide

    The ANPD publishes the Guia Orientativo Cookies e Proteção de Dados Pessoais.

  5. February 2023

    Dosimetry regulation

    The ANPD approves the rules to calculate and apply administrative sanctions.

  6. July 2024

    DPO rules

    CD/ANPD Resolution No. 18 details the appointment and activities of the DPO.

  7. 2026

    ANPD becomes an agency

    The ANPD is turned into a regulatory agency and is now called the Agência Nacional de Proteção de Dados.

LGPD and GDPR

Similar, but not the same

The LGPD was inspired by the GDPR, but there are differences that change the site's setup.

LGPD (Brazil)

Applies to data processed in Brazil or of people in Brazil.

  • 10 legal bases, including credit protection
  • Fine capped at R$50 million per infraction
  • ANPD cookie guide with practical recommendations
  • Google does not require a certified CMP or Consent Mode for Brazilian traffic
  • Cookie rules are in an advisory guide, not in a specific law
  • The banner is still needed when there are non-necessary cookies

GDPR (Europe)

Applies to people in the EEA, and there are similar laws in the United Kingdom and Switzerland.

  • 6 legal bases
  • Cookie rule in its own law, the ePrivacy Directive
  • Detailed EDPB guidelines on consent
  • Fines of up to 20 million euros or 4% of worldwide turnover
  • Google requires a certified CMP with TCF for personalized ads
  • Consent Mode v2 signals required for ad features

In practice

What is and is not allowed on a Brazilian site

Examples based on the LGPD and the ANPD cookie guide recommendations.

Allowed

  • Loading necessary cookies, such as login and security, without asking for consent
  • Showing a banner with Accept and Reject at the same level for advertising cookies
  • Using the European TCF message only for visitors from Europe and a custom banner for Brazil
  • Publishing the privacy policy and the cookie policy in the footer of all pages
  • Naming a DPO contact email or a data subject service channel
  • Keeping normal Google ads for the Brazilian audience

Not allowed

  • Banner with a single Accept or OK button for advertising cookies
  • Cookie options already ticked for the visitor
  • Privacy policy copied from another site, without mentioning Google and partners
  • Saying the site does not collect data when there are ads and Analytics
  • Requiring full acceptance of cookies to release the content
  • Denying all consent signals for Brazil unnecessarily

In ConsentMode

What the audit checks about the LGPD on your site

  • Opens the site as a visitor from Brazil and shows in a screenshot whether there is a banner, which buttons it has and whether the options come ticked.
  • Lists the cookies and the ad and analytics tags that load before and after the choice.
  • Checks whether the privacy policy exists, whether it is in the footer and whether it mentions Google, cookies, partners, rights and the DPO's contact.
  • Checks whether the European setup is leaking into Brazil, denying ads unnecessarily.
  • Delivers a fix plan in priority order, without replacing legal advice.

Frequently asked questions about the LGPD

Does every Brazilian site need a cookie banner?

The LGPD does not mention banners. The ANPD guide recommends asking for consent for non-necessary cookies, such as advertising ones. If the site uses only necessary cookies, a consent banner is not required, but transparency in the policy still is.

Does Google require Consent Mode for Brazilian traffic?

No. Google's EU user consent policy applies to the EEA, the United Kingdom and Switzerland. For Brazil, Google's policies ask for a privacy policy that explains the use of cookies and data by ads.

Do I need to appoint a DPO?

The controller must appoint a DPO. The ANPD allows small-scale agents not to appoint one, as long as they keep a communication channel with the data subject. Check with your legal team whether your business qualifies.

Can I use legitimate interest for ads?

The ANPD guide says that, for advertising, legitimate interest will hardly be the most appropriate basis. For advertising cookies, consent is the recommended basis.

Does a setup made for the GDPR work for the LGPD?

To a large extent, yes, because the principles are similar. The care is to use regions: the European TCF message does not need to appear in Brazil, and the privacy policy must mention the LGPD and the Article 18 rights.

Does ConsentMode give legal opinions?

No. The audit shows what the site does, with screenshots, and indicates what is usually fixed. The legal decision is up to your lawyer or DPO.

Library

Official sources

This guide was written from these official pages. Read them directly at the source:

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