For you to finally understand the General Data Protection Law
The LGPD went into effect on the 18th, but penalties for non-compliance will only start being applied in August 2021 – a period for companies to adapt.
If you still have questions about the General Data Protection Law, keep reading. We'll explain what data is, what the LGPD is and why it was created, whether companies are already prepared, and how it affects citizens.
What is data?
Information generated by people, whether online or not. It's the trail left when visiting websites, like the registration made at a gym, which in this case involves personal data and information that can identify someone.
"This includes essential information like our name, but also where we go (location), our spending and consumption," explains Francisco Brito Cruz, director of InternetLab, a research center on Law and Technology.
There is also a special category called sensitive data. These are the ones that can reveal sexual orientation or political views and even health conditions. These require an extra layer of protection.
What is the LGPD and why was it created?
It's the law that aims to ensure more security and transparency about how personal information will be processed.
This processing is the handling of information. It involves collecting, transferring, using, or cross-referencing data.
Each person's personal information can be used for a number of purposes: creating habit profiles to target advertising, using information to develop new products, or creating personalized experiences on social media, for example.
Data can also guide the creation of government programs, which is why the LGPD also applies to public agencies.
"Before, we had rules that applied only to certain areas; now we have a general law that recognizes personal data must be protected," says Danilo Doneda, lawyer and professor at IDP (Instituto Brasiliense de Direito Público).
With the increased use of personal information, there arose the risk that data could be used in ways harmful to people.
With the new law, this exchange of information is now regulated. Pay attention: it's not a ban, but regulation, along with protected privacy.
What changes with the law?
For companies, the LGPD coming into force means adapting to a series of new rules, but it also creates more legal certainty, simplifying the understanding of something complex.
For citizens, it may seem like not much changes, but now everyone has control over the information circulating about them. It also changes the fact that companies now need to request user consent to collect certain information, and citizens also have the right to request correction of information, request what data a company holds about them, and even ask for it to be deleted.
Are companies already prepared?
Since this is the first time such a law has been passed and put into effect, there's no precedent, but it's important that everyone is already prepared.
The General Data Protection Law is already in effect, but penalties will be applied in August 2021.
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