Skip to content
BR LGPD · BR-LGPD-ART18-PORTABILITY

BR LGPD LGPD Art. 18(V) — Right to Data Portability

Data subjects (or their guardians for children) have the right to data portability in a structured, interoperable format

HIGHRequirementUser rightsBinding regulationIn forceApplies from 18 September 2020

Where this comes from

Provision: LGPD Art. 18(V) — Right to Data Portability

Instrument: Lei Geral de Proteção de Dados (LGPD)

Citation: Lei nº 13.709/2018 (LGPD), Art. 18(V) — Portabilidade dos dados; ANPD Resolution CD/ANPD nº 15/2024 — Regulamento de Portabilidade

Text version: Lei nº 13.709/2018 (LGPD), texto compilado

Read the official text ↗

Who it applies to

Processes user-associated personal data — all of these:

  • Service processes personal data
  • Service requires/offers account registration

Child audience — any one of these:

  • Service is specifically designed for children under 18
  • Service is likely to be accessed by children under 18

What engineering work it implies

Sample acceptance criteria Landfall generates for this obligation:

  • A user (or a guardian, for a child) can request portability of their personal data on express request
  • Exported data is provided in a structured, machine-readable, interoperable format
  • For children, the right is exercised by at least one parent or legal guardian, with identity verified
  • Portability requests, identity checks, and fulfilment are logged with timestamps
  • System handles null/empty input gracefully (no 500 errors)

Questions people ask

Does BR LGPD LGPD Art. 18(V) — Right to Data Portability apply to my service?
It applies when Service processes personal data; Service requires/offers account registration; and at least one of: Service is specifically designed for children under 18; Service is likely to be accessed by children under 18.
From when does this apply?
BR LGPD LGPD Art. 18(V) — Right to Data Portability applies from 18 September 2020. Its current status is: in force.

Find out whether this one lands on you

Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.

Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.

What Landfall Is NOT

Critical Boundaries

Understanding these boundaries is essential before using this product. Misuse of this tool for purposes outside its scope may create legal, regulatory, or commercial risk for your organization.

NOT Legal Advice

This product does not provide legal advice and does not create an attorney-client relationship.

Interpretations are informational analysis, not legal counsel. Always consult qualified legal professionals for compliance decisions.

NOT a Risk Score

We do not quantify, calculate, or certify your compliance risk level.

No numerical risk rating, compliance percentage, or safety score. Risk assessment requires human judgment about your specific context.

NOT Runtime Enforcement

This is a planning and mapping tool, not a runtime enforcement system.

Does not integrate with your production systems. Does not block, filter, or enforce compliance in real-time. Implementation is your responsibility.

NOT Regulatory Approval

Using this tool does not mean you are compliant with any regulation.

No certification, seal of approval, or compliance guarantee. Regulators will evaluate your actual implementation, not your use of this tool.

NOT Authoritative Interpretation

Our interpretations are not binding and may differ from regulatory guidance.

Only regulators and courts provide authoritative interpretation. Our analysis reflects our reading of requirements, which may be incomplete or incorrect.

NOT a Safe Harbor

This tool does not shield you from enforcement actions or liability.

Documentation of your process is valuable, but does not constitute a legal defense. Compliance is ultimately your organization's responsibility.

NOT an AI Compliance Agent

AI features assist analysis but do not make compliance decisions for you.

AI-generated interpretations require human review and approval. Automated suggestions are starting points, not final answers.

NOT Complete Coverage

We do not cover all regulations, all obligations, or all jurisdictions.

Regulatory landscape is vast and evolving. Gaps in our coverage do not mean those requirements don't apply to you.

What This Tool IS:

  • A structured workflow for mapping regulatory requirements to implementation tasks
  • A documentation system for compliance decisions (audit trail)
  • A collaboration platform for compliance, legal, and engineering teams
  • An informational resource for understanding regulatory obligations