The LGPD (Brazilian General Data Protection Law) continues to evolve and, in 2026, new regulations from the ANPD require companies of all sizes to review their privacy programs. In this guide, we analyze each change and offer a practical roadmap for compliance.
Current Regulatory Landscape
Since its enactment in 2018, the LGPD has become established as the main legal framework for data protection in Brazil. The ANPD (Brazilian Data Protection Authority) has been publishing complementary resolutions that detail specific obligations for companies.
In 2026, the regulatory focus intensifies on three pillars: international data transfer, automated decisions by AI and mandatory impact assessments.
Main Changes for 2026
1. Mandatory DPIA for High-Risk Processing
Companies that process sensitive data on a large scale or that use automated decisions are now required to prepare and keep up to date a Data Protection Impact Assessment (DPIA), known in Brazil as RIPD.
- Processing operations involving sensitive data
- Profiling or scoring of data subjects
- Systematic monitoring of public spaces
- Processing of data of children and adolescents
- Use of AI systems for automated decisions
2. Artificial Intelligence Governance
The convergence between the LGPD and Brazil's AI regulatory framework requires companies that use algorithms to process personal data to implement transparency and auditability mechanisms.
"AI governance is no longer a competitive differentiator; it is a regulatory requirement. Companies that do not comply by the second half of 2026 will be subject to aggravated sanctions."
Dr. Juliana Marchetti, ANPD Consultant
3. Updated Penalties
The ANPD has adjusted the criteria for calculating sanctions, with special attention to repeat offenses and the absence of a governance program:
| Type of Infringement | Maximum Fine | New in 2026 |
|---|---|---|
| Minor | R$ 50 million | Mandatory publication of the infringement |
| Serious | 2% of revenue | Partial suspension of the database |
| Very serious | 2% + total suspension | Prohibition of processing for up to 1 year |
How to Prepare: A Practical Roadmap
Adopting a structured governance approach is the first step toward compliance. We recommend the following roadmap:
- Assessment: Carry out a complete mapping of personal data processing activities
- RoPA: Update the Record of Processing Activities (RoPA)
- DPIA: Prepare impact assessments for high-risk operations
- Policies: Review and update privacy and security policies
- Training: Train employees on the new obligations
- Technology: Implement privacy and governance management tools
Frequently Asked Questions
My company is small. Does the LGPD apply to me?
Yes. The LGPD applies to any company that processes personal data, regardless of size. However, the ANPD has published resolutions with simplified rules for small businesses and startups.
What is the difference between a RoPA and a DPIA?
The RoPA (Record of Processing Activities) is an inventory of all processing activities. The DPIA (Data Protection Impact Assessment), in turn, is an in-depth risk analysis for specific high-risk operations.
Do I need to appoint a DPO?
Yes. Every company that processes personal data must appoint a Data Protection Officer (DPO). It is possible to designate an in-house professional or to hire a DPO as a Service.
