This is one of the most difficult questions to answer nowadays. Especially considering all the jurisprudence already established in Europe with the GDPR, the extensive history of cases, and the numerous tips we see in the market. Not to mention the judicial decisions that are already emerging in Brazil with the LGPD.
I'll answer you promptly: No. And I'll help you understand why.
I believe it is possible to develop a line of reasoning that can assist each one of us entrepreneurs, DPOs, lawyers, third-party consultants, etc. Ultimately, everyone can have a clear understanding of how the game works to avoid being caught off guard.
To be as straightforward as possible: Does it accurately reflect the reality of data usage and flow within the company?
A public declaration of the objectives, interests, and responsibilities that companies have regarding the use and application of data, especially personal data, for the execution of their business model.
However, it is worth noting that we recommend at least seeking advice from a lawyer. There are certain criteria and potential complexities in the market that they can assist you with more adeptly. For example, the healthcare industry has specific legislation that already treats patient data differently, and therefore, it may sometimes supersede LGPD requirements.
We are in Brazil, my friend, so, as usual, everything depends on the specific circumstances.
3.### Relevant laws governing the activities of players in the market;
4.### Product and/or service portfolio;
5.### Revenue streams and distribution channels;
6.### Basic understanding of the company's organizational structure; (Headquarters and branches, size, number of departments involved, decision-making hierarchy, etc.)
7.### Supply chain;
8.### Sales and after-sales service;
9.### Communication channels; ...
For example, what good does it do if I state that I use data on Facebook, collect addresses, emails, and CPF (Brazilian individual taxpayer registry number) for signing up for my plan and for email marketing, with data disposal in case of opt-out, if there is a legislation in my market that requires me to store this data beyond the data subject's requests?
Data Mapping: The Life Jacket for LGPD
Surely you've already seen the predictions of fines and sanctions, processes. But, what does it mean to your company?
Want to understand why there are cookie banners on every website you visit today? This article is for you!
Tired of the ads from that site you visited following you around? Is your computer running slow when accessing a particular site? Want to delete all cookies from a specific service or site?
In this article, you will have a great introduction to the topic, as well as various other variations that revolve around the subject: Cookies and LGPD.
In this article, we will answer all your questions regarding fines under the LGPD (Brazil's General Data Protection Law).
In the end, our goal has never been to predict doom for companies or to be part of the LGPD's Apocalypse Cavalry. But, since we've been in the market for some time, these kinds of issues always catch our attention when we start data mapping and having conversations with colleagues.
While both regulations share the goal of safeguarding individuals' rights regarding the processing of their personal data, there are some important differences between them. It is crucial to understand these distinctions and their implications, particularly in the context of internet cookies.
What are the criteria for this choice, and what are the strengths and weaknesses of each option? Well, we're here to help you because this decision needs to be well thought out!
It's time to talk about one of the most impactful tasks, both for the company and for the visitors of your websites: tag categorization. But why is it so impactful? What is the relevance of this configuration and how can it affect us? It is precisely because of these common questions we receive from our clients that we have written this article on best practices in tag categorization.
Every day, millions of users generate data on the web, which is used by companies around the globe to improve their offerings. Therefore, in 2018, a law was created to regulate the use of personal data by companies, and this directly impacts digital marketing. We're talking about LGPD.
While it's not exactly breaking news, discussions about privacy policies have been popping up more frequently since the start of GDPR in Europe. And despite it seeming coincidental, it's not!
Brazilian LGPD - General Data Protection Law brought with it several acronyms and specific terms. Many of them imported from other countries and legislations. One of them is ROPA (Record Of Processing Activities), adapted in Brazil to Registros das Atividades de Tratamento. An essential document for any DPO, Data Processor.
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