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Understand the meaning of the LGPD for your company

Understand the meaning of the LGPD for your company

1 year ago
João Bruno Soares
8 minutes

You've probably already come across numerous predictions of fines and sanctions that LGPD brought along, right?

Now that we have the so-called "new" General Data Protection Law, LGPD, what's next?

Hold on!

Before adopting an alarmist or even pessimistic perspective on the law, it's essential to make it clear that the use of personal data (read: processing and treatment) is not prohibited by the law, but merely regulated by it. As a result, you, as an entrepreneur or an expert in your field, can and should continue your work and strategies as a whole. However, you now need to understand how to adapt your business model to the regulations prescribed by the law for the use of such personal data.

So, what does the LGPD mean for your company?

My goal here is to provide you, as succinctly and practically as possible, with a compilation of key information that will serve as a guide amidst the questions and forks you'll encounter on your path to understanding and, above all, compliance!

Introduction

Before We Begin, Who Is AdOpt to Help Me with This?

After several years at the forefront of work and studies on data, marketing, and internet privacy, a confession is in order. We've genuinely seen it all. We've been in this market since the birth of predictive analysis concepts, and all the AdTechs that have emerged since then. We witnessed the rise and fall of Cambridge Analytica and its scandals and leaks, numerous analyses and documentaries, Wikileaks, Snowden, and so on.

Naturally, we followed the entire market with the emergence of GDPR, CCPA, and their derivatives worldwide, which now, here in Brazil, culminate in LGPD. For almost 8 years, we've been working daily on several of the pillars that the "Data-Driven Marketing" market is so familiar with today. - Building data models for performance metrics analysis,

- Sequential databases, non-relational databases, physical, cloud, and so many others that have passed through our hands.

- Numerous tracking tag characteristics, fingerprints, SDKs, etc. - Endless technology updates, privacy issues, rumors, and browsers with their third-party cookie blocking. - Various integrations with Ad servers, CRMs, email tools, DSPs, Cookie Syncs with DMPs, Data Providers, Credit Bureaus, etc. - Firewalls, Backdoors, Security Routines, DNS, etc.

In short, more than 200 million unique users mapped in our systems, and 40 thousand websites have passed through our network since 2015, when we created our first Tag and Cookie version.

All of this is to tell you that all this knowledge we've accumulated until today gives us one certainty. It's worthless to know all of this if:

1 – We don't promptly execute best work and security practices, 2 – We can't translate international theories into our local legislation and market realities. 3 – We don't demystify the need for infinite, extremely elaborate resources to start good work. 4 – If theory doesn't generate real benefits for clients and, consequently, sales for both sides.

Throughout 2019, we interviewed nearly 250 companies about LGPD and their perceptions of its impacts and challenges for compliance. Most of the difficulties listed at the time were: the difficulty of understanding the law, a lack of skilled labor, difficulties with managing new technologies, and, not least, the administration and collection of consent from data subjects.

Since then, we've had the same feeling: LGPD remains an enigma for most, and at the same time, we, who are a vital part of the market, have the opportunity to reinforce how seriously Privacy should be taken. Not just valued when lost but, in essence,** as an individual right of all citizens.**

Especially today, where it's impossible to ignore the elephant in the room, or rather, the increasing number of mobile phones and devices collecting text, audio, and video data in practically every household. Who hasn't felt like their phone is listening to them? Throw the first stone!

The fact is, all privacy regulations are here to stay!

Yes, we're on an irreversible path when it comes to data usage by our favorite gadgets. Therefore, it's crucial that we understand the value of Privacy while theoretically, we still have control. But more importantly, we need access to technologies that work in our favor, not just collecting data but also giving us freedom in the face of the numerous data collection instances we encounter daily.

Yes, before data collection, there's a choice made by a free citizen, which must be respected and informed clearly and transparently.

So, in the midst of all this data, services, endless questions, and technology tests, AdOpt was born.

These are years of study and practical applications aimed at minimizing the consequences that the marketing and advertising market has faced. Not just when GDPR came into effect in Europe and drastically reduced the revenue of major publishers but also due to the maturation of our local market - Brazilian, facing the numerous technologies we couldn't even test, thanks to our limited budgets.

AdOpt starts as a quick and practical way for all companies to communicate and collect consent from their visitors without risking destroying their metrics and engagement with yet another ugly notice that looks more like a Pay Wall, or shall we say - Cookie Wall?

In the entire roadmap of AdOpt and its evolution as a product, our goal is also to democratize access to information about the legislation and its applications so that we respect everyone's privacy! Again, the context in which AdOpt was born makes it impossible to ignore, given its immense importance in today's world.

From a commercial standpoint, we've come to the conclusion that the market lacks easily understandable positions, and above all, demystifying the interests of certain market segments concerning the new General Data Protection Law, LGPD. It's certain that lawyers, accountants, marketing agencies, IT professionals, and various other "experts" are eager to grab their share of the market. This is perfectly understandable because the law encompasses knowledge from various areas simultaneously. However, before any market advantage or class of workers, we at AdOpt believe that there are 2 principles that should always guide our interpretation of all this, in light of privacy; exalted by the numerous privacy laws worldwide.

1 – A principle of freedom.

Yes, freedom is of immeasurable value, and only those who lose it can truly describe the impact of its absence. Whether in access to information, the right to move freely, freedom of the press, or the simple right to be forgotten. We are the generation that created memes, but also "cancel culture," fierce criticism of Fake News, banning some social networks, and more. Guided by the premise of valuing truth, sometimes we forget to measure the real impact of some unilateral mechanisms that end up overshadowing the true value of freedom.

LGPD, GDPR, CCPA, and many others are also mechanisms that help citizens maintain their freedom in the face of internet giants.

2 – Without content creators, we wouldn't have the internet.

When this (the internet) "was all wild territory" and we had a handful of blogs and news portals, LGPD would never make sense. However, it was thanks to these internet anchors that the opportunity to monetize people's attention on certain pages was created! Without major publishers, we wouldn't have programmatic advertising and all the opportunities to automate the cash flow generated globally today, at the scale and proportion we experience.

Without programmatic advertising, we wouldn't have social media as we know them today. After all, as Mr. Zuckerberg would say.

"We Run Ads."

Perhaps this introduction has a touch of a "Manifesto" for you, as we emphasize the value of Privacy and Freedom, expressed in free access to information and, consequently, content production.

Here's another confession for you, dear reader. AdOpt today serves as a cookie notice, assisting as a CMP._ But you have no idea what lies ahead when we connect all these points above and provide you with access to the technologies we're designing!

If data is the new oil, then Privacy will be the new currency!

The discussion isn't over yet, but I hope you've understood how passionate we are about this subject and want to guide you through it!

In our next chapter (article), I want to show you the foundation of understanding the law: The Legal Bases of LGPD, see you there!

Tags

Data Protection Officer - DPO
LGPD

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