Everything was right for the General Law of Data Protection (Brazilian General Data Protection Law (LGPD) ) came into effect on May 3, 2021, but due to a vote in the Senate at the end of August, which ended up “overturning” its postponement, the law received presidential sanction and came into effect on September 18 of that year, which further increases the urgency of adapting to it.
The need to create the LGPD arose due to the various and successive data leak scandals in recent years, which made public countless information about people in Brazil and around the world. It will bring more transparency regarding the use of personal information on the internet, which will cause several changes in the normal processes of companies that invest in Digital marketing, especially for those who do not have good practice in handling this data.
Read the text below, understand what will change and how your company can be prepared for what is to come!
After all, what does the LGPD consist of?
In case you didn't already know, the General Data Protection Law, in summary, It is Brazilian legislation that determines a new way in which citizens' data in the virtual universe can be collected, processed and disclosed. It was based on the European law that came into force in 2018, known as the General Data Protection Regulation (GDPR), which has fined companies such as Google and Facebook millions of euros.
The LGPD establishes a series of rules that companies and organizations must follow, providing for punishments for transgressions that may occur.
Check out some principles that will be established:
1- Adequacy, that is, compatibility of the use of personal data with the purposes informed;
2- Transparency for the use of personal data and respective accountability;
3- User protection across the entire business architecture;
4- Necessity, limitation of the use of data to achieve the intended purpose and the indispensable immediate deletion of data after achieving such purpose;
5- Purpose, determined and previously informed to the holders of the collected data;
6- Among many others!
How does LGPD affect your business?
The most relevant point regarding LGPD is the way in which data collection will start to work from the moment the presidential sanction is passed and the law actually comes into force. After all, according to the official document, organizations and companies, whether public or private, can only collect personal data if they have the consent of the holder, which will put an end to some tools and processes that were capable of capturing information in a simpler way, such as when the user clicks on a link, for example.
This data request, according to the MP, must be made clearly, passing on to consumers all the information that will be collected and what it will be used for, in addition to “generic” capture pages no longer being allowed. Companies must now request a request from the user every time there is a change in the purpose of data use.
Therefore, if your company works with lead generation from links, buttons or even as soon as the user enters your website, know that all these processes will be affected and will need to undergo changes for your Digital Marketing strategy to continue working.
So, what happens if the company fails to comply with what is agreed in the LGPD?
Although inspection by the National Data Protection Authority is expected to begin only on August 1, 2021, it is important not to wait until then to have the processes in place to comply with the new legislation, since this “grace period” does not prevent legal action by data subjects or even demands from public bodies, such as Procons and the Federal Public Ministry, for example.
As previously stated, if your company fails to comply with what was proposed in the General Data Protection Law, fines and warnings equivalent to 2% of the corporation's revenue may be applied, which is limited to the amount of 50 million. In addition, there is also the possibility that the corporation may have its data processing activities suspended.
Customers using the RD Station marketing platform
According to a official statement of the corporation, both RD Station Marketing and RD Station CRM are receiving new features and improvements to assist in the work of their partners, such as:
1- Modifications to the legal bases, with tools that will help collect and manage authorizations required for data processing;
2- New “retroactive consent” email marketing template, with the aim of facilitating the collection of consents from leads;
3- Possibility of configuring cookie authorization banners directly through RD Station;
4- Finally, resources are also being added that will facilitate and optimize the adaptation of new leads through your rights as a data subject.
We are taking the necessary measures to ensure that our clients' businesses are not affected by the new legislation.
Although more specific information has not been released by the government and the creation of the National Data Protection Authority is essential, to clarify points and rules that are still not very clear in the new legislation.
We are closely monitoring the matter!