BR LGPD Article 38 - Data Protection Impact Assessment for children's data
Prepare a Data Protection Impact Assessment (DPIA / RIPD) for processing operations involving children's personal data
Where this comes from
Provision: Article 38 - Data Protection Impact Assessment for children's data
Instrument: Lei Geral de Proteção de Dados (LGPD)
Citation: Lei nº 13.709/2018 (LGPD), Artigo 38; LGPD Art. 5, XVII (definition of impact report); ANPD Resolution CD/ANPD No. 4/2023 (DPIA methodology guidance)
Text version: Lei nº 13.709/2018 (LGPD), texto compilado
Who it applies to
Child audience (designed for OR likely accessed by children) — any one of these:
- Service is specifically designed for children under 18
- Service is likely to be accessed by children under 18
Remaining applicability scope — all of these:
- Service collects behavioral data
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Assessment covers data flows, the risks to the affected group, and likelihood/severity
- Each identified risk has a mitigation mapped to a concrete control or backlog item
- The assessment is dated, has named sign-off, and is scheduled for review
- The assessment is retrievable for regulators on request
- Signed assessment document is stored and version-controlled
Questions people ask
- Does BR LGPD Article 38 - Data Protection Impact Assessment for children's data apply to my service?
- It applies when at least one of: Service is specifically designed for children under 18; Service is likely to be accessed by children under 18; and Service collects behavioral data.
- From when does this apply?
- BR LGPD Article 38 - Data Protection Impact Assessment for children's data 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.