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Data Protection Regulations in Latin America
The EU’s General Data Protection Regulation (GDPR) has created a domino effect across the world as its biggest trade partners rushed to align their existing data protection legislations to its strict requirements or passed new laws based on its example, in hopes of ensuring business operations with the European block will continue to run smoothly. The push for legislation came in the aftermath of a number of high profile data breaches that brought data privacy into the limelight. In Latin America, most countries enacted data protection laws prior to the emergence of the GDPR and were generally tailored after its predecessor, the European Data Protection Directive of 1995. This means that, much like the Directive itself, they no longer address present day data protection concerns and must be updated both for the sake of Latin American data subjects and the facilitation of cross-border data transfers to and from the EU. Brazil has so far taken the most significant step in this direction. In August 2018, it passed a comprehensive new general data protection law, the Lei Geral de Proteção de Dados (LGPD), modelled after the GDPR. The LGPD replaced over 40 often contradicting norms that previously governed personal data privacy in Brazil.
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