Special strict civil liability in Brazil's General Data Protection Law

This research is focused on the interaction between data protection regulation and civil liability in Brazil, focusing on the General Data Protection Law (LGPD). As technology evolves rapidly, the LGPD addresses new risks and vulnerabilities tied to personal data processing. Drawing on the European GDPR and the Brazilian Consumer Protection Code, we argue that the LGPD introduces a special strict civil liability regime for data controllers and operators. Although some scholars argue for a fault-based approach, our hypothesis contends that the Act’s strict liability standard, grounded in the defect theory and a reversable burden of proof, ensures stronger protection for data subjects. By using strict liability in tandem with a plethora of safeguarding principles, the law compels courts to focus on the existence of harm and irregular data practices rather than on explicit fault. This approach streamlines litigation while motivating thorough compliance. By emphasizing governance, transparency, and prevention, the LGPD compels organizations to adopt proactive data security and accountability measures. Its principles enshrine fundamental rights, such as privacy and autonomy, while encouraging collaborative risk management. Mandates for compliance programs, technical safeguards, and rapid incident notification nurture a culture of responsible data use so that the shift toward strict liability deters harmful practices by linking financial and reputational risks to suboptimal data handling. Thus, we conclude that the special strict civil liability regime functions as both a deterrent and a means of redress, reinforcing the legal foundation of digital rights which in turn adapts to evolving technologies.