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What are Terms of Use and their importance for the LGPD?

What are Terms of Use and their importance for the LGPD?

9 months ago
João Bruno Soares
5 minutes

Ignoring Terms of Use and their importance within a website, especially now with the LGPD, is a common error that both consumers and website owners often make.

Consumers tend to disregard them, while website owners often simply copy them from other sites and overlook the key points.

After all, who wants to waste time reading these documents or thinking about their development, right? Wrong! Of course, reading them doesn't promise a literary delight, I know that much.

However, it is necessary to ensure the safety of both the user and the page owner. It's not for nothing that they are present in most of those ubiquitous cookie banners out there...

So, don't waste any more time and read below to learn everything about them and how Terms of Use have become essential in the era of LGPD.

Terms of Use: What are they?

Terms of Use correspond to a document that provides detailed information about how a website functions, the contracting of services/products offered (or the use of information present), and the limits of responsibilities for both parties.

In essence, it's a textual document containing rules for the operation and use of the website and its services. These services can be commercial, informational, service-oriented, and so on.

Terms like Terms of Use, LGPD, Privacy Policies, data collection... there are so many terms that come up in discussions about data protection and website obligations that navigating the internet now requires a dictionary and a degree.

Calma, mesmo que você já seja o [Encarregado de Dados](https://goadopt.io/blog/en/responsibilities-of-a-data-protection-officer/) do seu site, por livre espontânea pressão, estamos aqui para te ajudar! :D

Mas você não precisa disso tudo para entender como esses termos conversam e qual é a importância deles. Hoje veremos de forma simples e sem complicações que exijam termos técnicos sobre o assunto.

## And what are Terms of Use for?

Terms of Use serve as a contract!

Can you imagine signing a contract without reading it in advance? Or even copying any contract that concerns rules meant to protect you, without knowing if they apply to your case?

Well, that's why ignoring Terms of Use is no longer an option. In fact, it's a major irresponsibility, let's admit it.

It serves to establish rules for users or customers to use the website or platform. In other words, when you accept the terms, you accept the conditions set by the page. When you make a purchase on an e-commerce site, you're following the rules imposed there.

Of course, this document also follows rules like the Consumer Protection Code, but in general, the contract is imposed by the website. Therefore, it's the website's responsibility to develop it with quality, transparency, and accessibility (easy readability).

Similarly, it's the visitor's responsibility to read the terms, and if they don't agree with them, they should leave the site or stop using it. After all, if they agree, they should adhere to its limits (provided they're not abusive, but that's a legal matter).

In summary, Terms of Use serve to establish the limits of website use, its responsibilities, the correct use of services, the duties and rights of each party, and what is offered there.

It's also worth noting that each type of Terms is different. After all, a news website doesn't offer the same services (nor does it have the same responsibilities) as a page that sells products.

Therefore, thinking about this document is always very important for website owners. Similarly, it's important for you, the reader, as it indicates your rights and duties.

## What's the relationship between Terms of Use and LGPD?

Terms of Use are part of the transparency that websites owe to their visitors and users. They go hand in hand with Privacy Policies. These indicate how the treatment, collection, and security of data that may be collected there are carried out.

And it's precisely these documents that formalize the central themes of the [LGPD, the General Data Protection Law](https://goadopt.io/blog/lgpd-lei-geral-de-protecao-de-dados/). It is recent and came into effect in August 2020.

Therefore, more than ever, it's essential for websites to pay attention to the need to develop these documents that affect the privacy and rights of consumers/visitors in accordance with LGPD. Otherwise, they risk receiving significant penalties. Among these, quite significant fines.

Although many websites choose to present them in a single document, it is of paramount importance that they are available on the website in separate and unique documents. In other words, one for the Terms of Use and another for the Privacy Policy.

While the Terms of Use limit the use of data and services available there, responsibilities of the parties, rights, duties, and intellectual property, Privacy Policies provide information on the treatment and collection of data from users and visitors.

## How to develop the Terms of Use for my website?

When creating the Terms of Use in accordance with LGPD, there are some essential considerations.

Firstly, although the Terms of Use correspond to a contract for the use of the website and its services, it does not require legal language. In fact, the clearer it can be, the better!

After all, it's essential for all visitors to be able to understand the terms presented, as they relate to their rights and duties in using the page. Therefore, remember to keep it simple.

Another issue concerns the specificity of the terms. Remember that we mentioned the (terrible) habit of some websites that simply copy the Terms of Use from others? Well, that's wrong precisely because this document should relate specifically to what each page offers.

For example, an informational website, an e-commerce website, and one that offers online calculation tools will each have specific and different Terms of Use. Even among e-commerce websites, this varies.

Another point to consider is the LGPD's delineations regarding the roles of [Data Controller and Data Processor](https://goadopt.io/blog/en/differences-operator-controller-of-data-lgpd//). This is because these roles can often be confused or even inverted during the provision of services.

After all, they must contain information about the types of products they sell, the data required for purchase, among other issues that are extremely unique to each business.

Finally, remember that the Terms of Use must include, in addition to the delineation of services, limitations of responsibilities and obligations, as well as copyright and industrial property statements.

With all of this, it is possible to ensure LGPD-compliant, secure, clear, and complete Terms of Use! If you want, you can use the [AdOpt Terms of Use](https://goadopt.io/termos-de-uso) as a reference.

## Want to delve deeper into the subject?

We have another article that helps you with [tips for when you need to update your Terms](https://goadopt.io/blog/en/notification-to-users-terms-of-use/).

Tags

Controller and Operator
Privacy Policy

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