Wonder Legal Lgpd

This is precisely why AdOpt attaches great importance to the agility, speed and appearance of its communication, which corresponds to the visual identity of the respective company. When we looked at GDPR and its impact on large publishers (news and content portals), we found that one of the biggest effects of these huge, unappealing messages (which look like the legal department designed them in Word) was increased bounce rate, a measure of digital marketing and UX that shows the percentage of visitors leaving your website. As soon as you access it. This legal basis tends to be widely debated and tested, mainly because of the interest in information that can be used publicly and commercially. However, the legislation stresses that data sharing cannot be done for the purpose of harming the owner or gaining an economic advantage over him. For example, imagine a scenario where access to certain health information from the owner automatically readjusts their health plan. This would be categorically rejected by the LGPD. In other words, health plan operators are prohibited from using this data to assess risk or decide whether or not to accept customers. Finally, we hope to have made these ten legal bases so clear that you can process the data in accordance with the legal guidelines. As in the previous point, the LGPD also provides a legal basis for access to and processing of data for health protection, provided that this is done by a health professional, health service or health authority. Before we dive into each legal basis, let`s separate “consent” and “legitimate interest” into their own category, because although they are the most popular, they are less simple than the others and require special care in their use. The following eight bases are clearer and more secure from a legal point of view.

An example of this would be the personal data that companies must collect from their employees in order to report them to the Ministry of Labor, Social Security, etc. Here, the owners – and in this case also the employees – could not object to the disclosure of their data due to the legal obligation that the company thus fulfills. Another legal purpose of the use of personal data at the choice of the controller is the regular exercise of rights in judicial, administrative or arbitration proceedings. Therefore, it is important to ensure that the use of the data is justified by the provision of the service or the sale of the product, without deviations that could weaken that legal basis under other applicable laws. The 10th and final legal basis aims to ensure that data owners do not use the mechanisms of the LGPD as a loophole to evade their financial obligations in situations where collections or debts arise. An example would be if the owner asks the creditor financial institution to delete their data from their database or even agencies such as Boa Vista and Serasa, thus avoiding fees. It also tends to be a much-debated legal basis, given the controversial implications of the context. This is perhaps one of the greatest benefits that the LGPD has brought to those affected, to all citizens and taxpayers of this country. Governments must also comply with the LGPD, making it one of the most important, if not the largest, legal bases of the LGPD. In recent decades, Brazil has become very controversial, especially when it comes to consumer complaints. One cannot help but wonder what the early days of the LGPD will mean in terms of prosecutions based on alleged violations of the provisions of the new law.

In this sense, we look at the 10 legal bases of the LGPD. Once the contract was signed, the parties set out their obligations and rights. Once a data subject has signed such a contract, the legal basis for the correct use of his or her data is created. In this case, the owner provides his data himself and legitimizes the legal basis for their use in the document. In this sense, the situation is very similar to that of consent. However, unlike consent, withdrawing consent is not so easy if the data subject changes his or her mind, as the contract has its own validity and may contain additional legal obligations. This legal basis aims to ensure the right of one party to present evidence against another party in legal proceedings. This is to prevent one party from preventing the other party from accessing and processing the data in the context of legal proceedings. This is perhaps the most well-known legal basis in the entire market. There are already many websites that have used it to adapt to the LGPD by displaying the well-known warning: “This site uses cookies… Well, whether in the virtual or offline environment, consent is a very quick way to get permission from customers so that companies can legally access their data and provide their services. This is where this legal basis differs from others: it must be as easy for customers to withdraw their consent as it is for them to give it in the first place. These ten legal bases describe the conditions that justify the use of personal data and have been designed to encompass all the different hypothetical grounds for which the use of the data may be necessary.

They form the structural basis that supports the ethical use of data to prevent the same legislation from becoming a deception that circumvents other equally important regulations. This is the second most popular and perhaps most widespread legal basis, because for many, legitimate interests serve as a lifeline or card up their sleeve if they do not match the others. This does not make it any less important, but it is necessary to emphasize that “legitimate interest” is somewhat subjective when we consider the parties: owner of the data versus operator or data controller. After all, discussions about money and business interests can speak louder. However, not all business interests necessarily constitute a legitimate interest in the use of this data. Written by: Ashley Pusey, J.D., Head of Privacy, Legal Affairs and Compliance, Maureen Data Systems Because the LGPD is a relatively new law, there are many other laws that require companies to collect, process, and share citizens` personal information, for example, for other prior purposes. If your business model, activity or process is already subject to applicable legislation that requires you to collect data, this legislation would be the best justification for its use. Your job as your company`s data manager or controller is to find, among these ten, the basis that best fits your business model and other applicable laws to which your company is subject. This applies to all possible steps that are included in the data processes in your business, such as: The materials and information provided in Maureen Data Systems (“MDS”) content are provided for general information purposes only and should in no way be considered professional advice. MDS content should be construed as author-based content and comments. Therefore, no warranty or other warranty is given regarding the quality of any opinions, comments or other elements of such MDS Content. MDS expressly reserves the right to remove Stories at its sole discretion.

According to the LGPD, sensitive personal data includes: Why not? This could violate the individual rights of the owner or even another express provision of the LGPD. Article 10 of the LGPD states that the legitimate interest of the controller may only serve as a basis for the processing of personal data for legitimate purposes considered in specific situations, including, but not limited to: Why can`t you just copy and paste the text created by the generator – even if you have purchased a license: The LGPD also allows scientific researchers and developers to access personal data for the purposes of their studies.