The General Personal Data Protection Law - LGPD came into force in Brazil on August 14, 2018, with the main objective of protecting the freedom and privacy rights of citizens, directly or indirectly affecting companies that work with user data.
It is important to understand what is considered personal data. In Art. 5 of Law 13,709, personal data is information related to an identified or identifiable natural person. In other words, they are data that, alone or together, allow the person to be identified, such as name, social security number, ID number, address, e-mail, among others. However, when it comes to the processing of personal data, the concept is much more comprehensive.
The LGPD defines data processing as “everything a company does with the information collected”, regardless of the company's physical location or where the data is processed. So it's impossible to think of any digital marketing strategy that isn't guided by personal data. This is because when interacting with digital marketing actions, users provide personal information, which is collected through forms and clicks, for example.
It is extremely important for companies to comply with the terms of the new law, as it prohibits the collection and use of personal data in marketing actions without the user's proper authorization. The LGPD also condemns the sale of information to third parties without proper consent between the parties. To properly adjust, the company needs to understand the necessary adjustments in landing pages, forms, e-mail marketing, and others. Another rule of the LGPD is the provision of the revocation of consent to users, who must have the power to request the removal of their database information partially or completely.
In lead generation, for example, some changes must also be made. One of them is data collection, and it is now necessary to define the legal basis, storage time, what is the use, among others, which in the case of lead generation the most used are consent and legitimate interest.
The inclusion of information about your company's Privacy Policy is part of another important change brought about by the LGPD. In addition to the need for a field in which the person expresses their consent, the collection of data must be understandable and have a simple and direct content that is easy for the user to understand. Attention is also recommended to the practice of e-mail marketing, one of the main means of communicating actions in the digital environment. The company must make sure that all leads have authorized the storage and use of their data and have given consent to be part of their automated database.
With the implementation of the LGPD, your company needs to define mechanisms and change internal processes to enable the processing of personal data. The best solution is to seek specialists and advice specialized in LGPD to assist in mapping information and conducting strategies.
Contact TATICCA — ALLINIAL GLOBAL, which has a qualified and experienced multidisciplinary team, tools and methodology for consultancy in LGPD and also implementation, in an objective and assertive manner, with: guidance and training, diagnosis, analysis of employee contracts, analysis of supplier contracts, analysis of internal policies, analysis of contracts for the provision of service or sale of products, adaptation of contracts in accordance with LGPD, data mapping, implementation of the service channel, drafting of a privacy policy, pre-formatted documentation with all the requirements of LGPD.
