General Data Protection Law: everything you need to know

General Data Protection Law everything you need to know

General Data Protection Law: everything you need to know

General Data Protection Law everything you need to know

A LGPD (General Data Protection Law)) is a new legislation that would come into force this year and due to the impacts of the new coronavirus, should come into force in Brazil from May 3, 2021, establishing new rules regarding the use of data in the virtual environment.

The need to create this law arose due to the various, and successive, data leak scandals in recent times, which made public countless pieces of information about people around Brazil and the world.

The LGPD is based on the European law that came into force in 2018, the General Data Protection Regulation (GDPR), which fined companies such as Google and Facebook millions of euros for failing to comply with the provisions on personal data protection.

Given this context, it is important to keep in mind that the LGPD will bring about a radical change in the use of data that is under the care of companies, especially for those that invest in Digital marketing and do not have good practices in handling lead information.

Read the text below and understand!

First of all, what does the General Data Protection Law consist of?

Generally, LGPD 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 fundamental rights of freedom and privacy, such as free enterprise and the country's economic and technological development.

This new law will establish a series of rules that companies and other organizations must follow from the day it comes into effect, also providing for punishments for any transgressions that may occur.

According to the official document of the measure, these new rules are being determined with the aim of providing greater control over the processing of citizens' personal information.

Among the principles established by the provisional measure, the following stand out:

  • Transparency for the use of personal data and respective accountability;
  • Adequacy, that is, the compatibility of the use of personal data with the purposes stated;
  • User protection throughout the business architecture (privacy by design);
  • Purpose, determined and previously informed to the holders of the collected data;
  • Necessity, limitation of the use of data to achieve the intended purpose and the indispensable immediate deletion of data after achieving such purpose.
  • Among many others!

Finally, the General Data Protection Law aims, mainly, to combat the most varied so-called “cybercrimes”, such as data leaks and attacks on websites and other platforms.

General Data Protection Law: everything you need to know

How will data collection work when the LGPD comes into effect?

This is the most relevant point for companies that work together with a digital marketing agency and already has its strategies based on digital marketing practices. After all, data is very important to maintain work such as Email Marketing and the integration of the sales team through CRM, Is not it?

Well, the point is, from May 3rd next year, organizations and companies, whether public or private, will only be able to collect personal data if they have the consent of the owner, which will put an end to some tools that were previously able to capture this information as soon as the user clicked on a link, for example.

According to the MP, the request for data must be made clearly, informing consumers exactly what will be collected, for what purposes and whether this information will be shared.

Generic capture pages will not be allowed. Permission buttons to receive emails must be very clear.

If you have purchased lead databases, you should review your database and delete these leads, or ask for their permission. This is no longer considered good practice today.

Furthermore, if there is a change in the purpose or even in the transfer of data, it is mandatory to request further authorization from the user. The user may, at any time, revoke the existing permission, as well as request access, portability, completion, deletion or correction of the data.

Generally, The LGPD will aim to protect consumers from the abusive use of their personal information by companies.

What will be the punishment for companies that fail to comply with the LGPD?

According to official document of the General Data Protection Law, the punishment for companies that fail to comply with what was proposed varies according to the situation and the severity of the scenario in question.

When the violation is proven, the stipulation is that the company may receive anything from warnings to a fine equivalent to 2% of its revenue, which is capped at 50 million.

There is also the possibility that the corporation will have its data processing activities totally or partially suspended, and will be held legally liable for what happened.

General Data Protection Law everything you need to know

What is the impact of LGPD on Digital Marketing? What is GS2 already doing?

The entire lead capture process, Content Marketing e Inbound Marketing, for example, must be much smarter and more specific in capturing this data.

GS2 is familiar with LGPD and already has processes that have been readapted to follow the legislation in its clients' strategies.

All of our clients' websites are now receiving privacy policy buttons and pages, as well as new landing pages and forms.

Despite all these changes, the new regulation can be seen as a unique and positive opportunity for corporations, as those responsible for Digital Marketing will be forced to further evolve their tactics, with the aim of generating value for consumers by recognizing their preferences and most significant interactions!

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