The enactment of the General Data Protection Law (Law No. 13.709/2018 – LGPD) inaugurated a new paradigm in the Brazilian legal system by establishing specific rules for the processing of personal data and reinforcing the protection of privacy as a fundamental right. Since its entry into force, personal data has come to be understood not only as economic assets, but as projections of an individual's personality, requiring companies to adopt a responsible, transparent, and legally structured approach in all operations involving the collection, storage, use, and sharing of information.
The importance of the LGPD (Brazilian General Data Protection Law) lies precisely in consolidating a safer and more balanced legal environment in the relationships between data subjects and data controllers. By establishing clear rights for individuals and objective duties for organizations, the legislation promotes greater predictability in economic relations, strengthens trust in digital interactions, and aligns Brazil with international best practices in data protection. More than a regulatory instrument, the LGPD represents an institutional advancement in the protection of human dignity in an increasingly data-driven society.
In this context, data protection has ceased to be a topic restricted to the information technology area and has become an integral part of the strategic core of corporate governance. The LGPD (Brazilian General Data Protection Law) imposes principles such as purpose, necessity, transparency, security, accountability, and reporting, which should guide all data processing activities. This means that companies need to structure clear, documented internal processes that are compatible with the legal bases provided for in the legislation, under penalty of incurring irregularities that may generate administrative and judicial consequences.
Civil liability plays a central role in this scenario. Article 42 of the LGPD (Brazilian General Data Protection Law) establishes that the controller or operator who causes patrimonial or moral damage, whether individual or collective, due to a violation of data protection legislation, is obliged to repair it. Thus, security breaches, information leaks, use of data for purposes other than those informed, or the absence of valid consent can give rise to compensation claims, significantly increasing the legal exposure of companies.
The practical impacts of this accountability require a comprehensive review of the organizational structure. Adequacy involves mapping data flows, identifying the categories of information processed, defining the respective legal bases, and establishing appropriate retention and disposal periods. Furthermore, it is essential to implement technical and administrative measures capable of preventing unauthorized access, loss, or improper alteration, as well as maintaining records that demonstrate compliance with the adopted practices.
Another relevant aspect concerns the data processing chain. Contracting with technology providers, cloud services, or business partners does not absolve the company that defines the purposes of the processing from its responsibility. On the contrary, it imposes the need for specific contractual clauses on data protection, confidentiality, and information security, as well as mechanisms for oversight and cooperation in case of incidents. The absence of adequate control can reinforce the causal link in any potential legal claim.
The technical complexity of the digital environment also makes it challenging to analyze causal links in cases of security incidents. Leaks can involve multiple agents and interconnected systems, making it difficult to precisely identify the origin of the failure. For this reason, demonstrating due diligence, whether through internal policies, periodic training, audits, or incident response plans, becomes an essential element in mitigating risks and defending the company in litigation.
In short, the LGPD (Brazilian General Data Protection Law) has profoundly transformed the business environment by placing data protection at the heart of risk management and civil liability. Compliance should not be seen merely as formal adherence to the law, but as a strategy for institutional strengthening. Companies that adopt a solid data protection culture reduce their exposure to sanctions and litigation, preserve their reputation, and consolidate relationships of trust with clients, partners, and employees, ensuring greater stability and sustainability for their activities.
REFERENCES:
BRAZIL. Law No. 13.709, of August 14, 2018. General Law on the Protection of Personal Data (LGPD). Official Gazette of the Union, Brasília-DF, August 14, 2018. Available at: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/lei/l13709.htm.Accessed on: February 20, 2026.
BRAZIL. Ministry of Development and Social Assistance, Family and Fight against Hunger. General Law for the Protection of Personal Data (LGPD). Gov.br, August 14, 2018. Available at: https://www.gov.br/mds/pt-br/acesso-a-informacao/governanca/integridade/campanhas/lgpd. Accessed on: February 20, 2026.
GUIMARÃES, Elisa. Impact of the LGPD: Companies' responsibility in protecting users' personal data. Crumbs, São Paulo, March 16, 2024. Available at: https://www.migalhas.com.br/depeso/403526/impacto-da-lgpd-responsabilidade-das-empresas-na-protecao-de-dados. Accessed on: February 20, 2026.
FAGUNDES, Jorge Alexandre. The Superior Court of Justice (STJ) and the new contours of civil liability for personal data.. Migalhas, São Paulo, February 20, 2026. Available at: https://www.migalhas.com.br/depeso/447254/stj-e-os-novos-contornos-da-responsabilidade-civil-por-dados-pessoais. Accessed on: February 20, 2026.