LGPD for marketing | A practical guideline.

LGPD for marketing | A practical guideline.

9 months ago
João Bruno Soares
5 minutes

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.

What is LGPD?

LGPD stands for Lei Geral de Proteção de Dados (General Data Protection Law) in Brazil. It was sanctioned by interim President Michel Temer on August 14, 2018, after eight years of debates. The law came into effect in September 2020.

The focus of the law is not only to ensure transparency from companies that collect personal data but also to regulate the use of such data, aiming to uphold the right to privacy for all citizens.

According to the law, the user has the right to know the purpose and destination of the use of data such as:

  • Name;
  • Address;
  • Location;
  • IP address;
  • Email;
  • Phone number.

The data subject (you and me, as citizens, as named by the law) must have the option to consent or not to the use of their data, know the purpose for which it will be used, and have the right to request its removal if desired.

The use of cookies is also regulated by LGPD, so if you use services that utilize cookies on your website, be aware!

The law defines four principles that companies must follow, with the principles of purpose, adequacy, necessity, and transparency being the most important.

The principles of purpose and adequacy determine that data collection must have a specific purpose, meaning that the company cannot use the data as it pleases.

The principle of necessity relates to collecting the minimum necessary data for the company to achieve its objectives in digital marketing.

The principle of transparency ensures that users have access to the information collected and know where it is being sent.

The impact of LGPD on digital marketing

Firstly, the institutionalization of LGPD does not mean that companies need to stop working with data.

Instead, it is time to analyze your Instagram Ads strategies, for example, and work to improve them not only in light of the new law but in relation to the business as a whole.

The focus from now on is to value transparency with all citizens.

Emphasizing that their consent is fundamental for all interactions will bring more security to both parties and ensure that business is conducted with more confidence.

Content marketing should gain strength. This is because companies need to treat customers as individuals and not just sources of data and metrics.

Investing in the production of relevant and personalized content is an excellent way to show that your brand truly cares about individuals, while also prioritizing obtaining data with consent.

Learn more about how to initiate the adaptation of your strategies to this new reality in the following section.

Adjustments in digital marketing for LGPD

As you can see, LGPD creates new parameters for action for digital marketing companies. Adapting to it is as important for your strategies as knowing how to advertise on Google Ads.

There are a series of actions you can take without harming your business. Here are some of them:

Obtain leads with legal support

Your leads need to be obtained based on the principles of LGPD. It is extremely important that the entire team is aware of them to ensure that the work performed does not violate the regulations.

Any action that involves third-party data (collection, access, use, storage, reproduction) must be based on user consent or another legal base of LGPD, well-grounded, and based on the real needs of the data for the company's operations.

In case of non-compliance with the law, the company may have to bear fines of up to 50 million Brazilian reais or 2% of their annual revenue or the equivalent.

Don't hinder user navigation

Valuing customer consent also involves allowing them to:

  1. Leave your website whenever they want.
  2. Navigate while fully or partially consenting to data collection and the use of cookies, for example.
  • Some websites limit navigation to consent, thus not allowing visitors to access restricted areas without consenting. However, this is a specific decision of that company and not a mandatory requirement. Consent should be free and not subjective or coerced.
  1. Revoke consent at any time.
  2. Access the data that your company may have about them.
  3. Request the deletion of such data.

LGPD aims to improve the user experience on the web, and this should also be one of the focuses of every company.

Prioritizing spontaneous communication is the best way to ensure more conversions.

Filling the user's page with invasive advertisements and unpleasant pop-ups will only make them never engage with your brand again.

To delve deeper into the topics of navigation and user experience according to LGPD, research more about the concepts of privacy by design.

Organize your segmentations

The creation of segmentations based on personal data, such as how Facebook Ads works, needs to follow certain parameters.

The point is to avoid practices considered discriminatory or invasive. This includes being intrusive in profile creation, manipulating customer expectations and desires, and taking advantage of people's vulnerability. And, as mentioned earlier, not using sensitive and irregular personal data for segmentation creation (e.g., uploading cold email lists).

So, always be respectful and professional when identifying profiles. Do not cross the line of common sense.

It is necessary to combat the idea that LGPD came to hinder Brazilian digital marketing. In fact, its purpose is to regulate the activity to ensure that consumer rights are being respected.

Therefore, companies benefit from the increased trust that users place in them.

And this will only be possible when marketing professionals themselves have this vision in every decision within their processes and routines.

If you want to continue on this subject, we have an article on 10 marketing processes that should be reconsidered with LGPD.


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