Amid the pandemic and its consequences, the General Data Protection Law ended up taking up little space in the mainstream media. However, the new resolution brings important changes to practically the entire business sector. From HR to marketing, more than just care will be needed: specialized guidance. This is because violating the provisions of the law brings severe consequences. Therefore, if your company uses digital marketing or outsources this service, it is time to keep your eyes open!
Law No. 13,709 , approved in August 2018, came into effect in August 2020. It is inspired by the GDPR, General Data Protection Regulation, a regulation of the European Union. In addition to first name, last name, nickname, age, photo, home address and email, the document also defines as data IP addresses, academic data, device identifiers, cookies, medical history, purchase history, among others.
The LGPD applies to so-called “sensitive data,” including information on racial or ethnic, religious or philosophical issues, politics, union membership, and genetic, biometric, and health and sexual issues. More stringent requirements are also imposed on data relating to children and adolescents.
The sensitivity of the issue becomes clear when we consider that, in the world of digital marketing, data processing is a basic premise. A central pillar around which all the experiences, innovations and expectations of a business's marketing are generated. Through prospecting and data retention, not only is the target audience analyzed, but strategies for positioning the brand in the market, products, goals dubai business fax list and fundamental aspects for the operation of a company are also studied and formulated. This ranges from retail to banks, from schools to service providers. It will be a new world for activities such as:
– Telemarketing.
– Growth marketing.
– Email marketing.
– Inbound marketing: social media, landing pages, whitepapers and other actions for lead generation.
You will need to take a new look at how you approach and process information obtained from your audience. Choosing the agency responsible for your communications and marketing work is even more important at this time. Your strategy for approaching your customers and exposing your brand will undergo significant adjustments.
The main new features of the LGPD involve the following points:
– Consent: “free, informed and unequivocal manifestation by which the holder agrees to the processing of his/her personal data for a specific purpose”.
– Confirmation of the existence of processing: the holder has the right to request a copy of their data from the company.
– Transparency: you can also request confirmation about how your information is being processed. Unlike today, answers such as “shared with third parties” will have to be followed by a detailed form on privacy and permission. The deletion of this data is also the right of the holder.
A survey by ICTS Protivit, which specializes in risk consultancy, showed that 84% of companies are not prepared for the new rules.
The harshest sanctions, such as fines of up to 2% on revenues of up to R$50 million, will only come into effect from August 1, 2021. The ANPD – National Data Protection Authority is the body responsible for oversight. Linked to the Presidency, it should be created by the beginning of next year.
Among other penalties, there is the suspension and prohibition of the reported activity and blocking of the claimed data.
Since the law was sanctioned, complaints to the Public Prosecutor's Office, investigations and inquiries have been ongoing in the courts.
The LGPD requires complete business adaptation, involving legal, information technology and marketing.
Serpro (Federal Data Processing Service) provides information about the new law on its website : https://www.serpro.gov.br/lgpd
The impact of the new law on the almost omnipresent work of digital marketing is clear, don't you think? How is your work carried out in this area? Prospecting, attraction, sales, relationships... from newsletters to E-Books, it is necessary to reevaluate the entire strategy. The excellence of the partner communications agency comes out on top in this regard.
