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LGPD cookie consent in Brazil

What Brazil's LGPD and the ANPD's cookie guide expect from websites: a legal basis per cookie, consent for non-essential ones, clear information and rights.

The LGPD

Brazil's Lei Geral de Proteção de Dados (Law 13.709/2018) has applied since 2020 and protects the personal data of people in Brazil, whoever processes it. The national authority, the ANPD, can impose fines of up to 2 % of the company's revenue in Brazil, limited to BRL 50 million per violation.

The ANPD's guidance on cookies

In 2022 the ANPD published a guide on cookies and personal data protection. It says:

  • every cookie that collects personal data needs a legal basis; for non-essential cookies, such as advertising, this is usually consent;
  • the banner should offer a way to reject non-essential cookies, not only to accept them;
  • boxes for non-essential categories must not be pre-ticked;
  • visitors must be told, in clear language, which cookies are used, for what purpose and for how long;
  • strictly necessary cookies can rely on legitimate interest and need no consent.

Rights of data subjects

People can ask for confirmation that their data is processed, access, correction, anonymisation or deletion, portability and information about sharing. A full reply to an access request is due within 15 days (Article 19).

How Consentl helps

  • A ready-made Brazil rule: opt-in, with Accept and Reject of equal weight and a choice per category.
  • Banner texts in Brazilian Portuguese and a cookie declaration from the cookie scanner.
  • Trackers held back until consent, a consent log, and a request form with the 15-day LGPD deadline.

FAQ

Does the LGPD apply to a website outside Brazil?

Yes, if it processes the data of people in Brazil to offer them goods or services, or collects the data in Brazil (Article 3).

No. The LGPD has ten legal bases; strictly necessary cookies can rely on legitimate interest. The ANPD expects consent for most non-essential cookies, especially advertising.

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This page is general information, not legal advice. Laws and guidance change; check the current rules for your situation.

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