LGPD 

In the last 30 years, humanity has lived an absolutely unique cut in its evolutionary line. Advances have taken place in such a special way in the way of interacting with the world that the comparison between what we are today and what we were before the popularization of internet access becomes a difficult task. The memory of times of communication by non-digital means has been practically erased by the digital universe and the emergence of social media.

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This phenomenon not only provided the opportunity for human advancement in several aspects, but also resulted in adversities not experienced before. The internet proved to be an obscure and frightening field, through which the flow of information travels its path without any precise control of the process.

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In the personal parameter, it appears that the digital world reflected a space in which civilian data can be easily accessed, exposing content that, not many years ago, was obtained only in physical or analog form. Today, with providers endowed with infinite storage capacity, companies of all segments, governments and entities have in their records the information of millions of people, who are constantly vulnerable to attack by hackers, user data leaks and scams._cc781905-5cde -3194-bb3b-136bad5cf58d_
 
A recent example of this phenomenon was the hacking of the ConectSus system, of the Ministry of Health, which remained offline for more than a week and caused inconvenience, such as the non-availability of the National Vaccination Card. The damage was not greater because it was possible to recover user data without being shared.

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But it's not always so! As of May 2021, 530 million Facebook users had their phone numbers, emails and dates of birth released on a hacking forum.

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In the last 30 years, humanity has lived an absolutely unique cut in its evolutionary line. Advances have taken place in such a special way in the way of interacting with the world that the comparison between what we are today and what we were before the popularization of internet access becomes a difficult task. The memory of times of communication by non-digital means has been practically erased by the digital universe and the emergence of social media.

​

This phenomenon not only provided the opportunity for human advancement in several aspects, but also resulted in adversities not experienced before. The internet proved to be an obscure and frightening field, through which the flow of information travels its path without any precise control of the process.

​

In the personal parameter, it appears that the digital world reflected a space in which civilian data can be easily accessed, exposing content that, not many years ago, was obtained only in physical or analog form. Today, with providers endowed with infinite storage capacity, companies of all segments, governments and entities have in their records the information of millions of people, who are constantly vulnerable to attack by hackers, user data leaks and scams._cc781905-5cde -3194-bb3b-136bad5cf58d_
 
A recent example of this phenomenon was the hacking of the ConectSus system, of the Ministry of Health, which remained offline for more than a week and caused inconvenience, such as the non-availability of the National Vaccination Card. The damage was not greater because it was possible to recover user data without being shared.

​

But it's not always so! As of May 2021, 530 million Facebook users had their phone numbers, emails and dates of birth released on a hacking forum.

In summary, what is the Data Protection Law?
“The General Law for the Protection of Personal Data - LGPD is the legal instrument developed with the purpose of forcing companies and professionals to create mechanisms for the preservation of their customers' data. It aims to protect information of a personal nature, including those that make up the list of civil data as well as those that define the preferences of a particular citizen (religion, political ideology, sexual orientation, etc.)”.
 
What are the impacts of the law on society?
“In Brazil, the validity of the LGPD represented a very important impact, as we became part of a group of countries that have specific legislation for the protection of data of their citizens. In view of the current cases of misuse, commercialization and data leakage, the new rules guarantee the privacy of Brazilians, in addition to avoiding commercial barriers with other countries”.

What should entrepreneurs be aware of?
“Entrepreneurs need to be aware that all companies, regardless of size, must have a policy for the use and security of personal data in accordance with what Article 46 of the General Data Protection Law requires.”

For a company, is it possible to protect itself only with programs capable of preventing intrusions?
“No, because the process of adapting to the LGPD is complex, involving the legal, procedural and technological areas. It is not enough just to change contractual clauses and/or use technical antivirus mechanisms to prevent an invasion, being in compliance goes beyond that. The adaptation process is unique for each company, considering its peculiarities. The legislation requires the adoption of technical and administrative measures that guarantee the proper use and necessary security of personal data”.

What are the sanctions provided for by the LGPD?
“The LGPD provides for a varied list of administrative sanctions, of an admonitive, pecuniary and activity-restrictive nature, which can range from a mere warning; fines or even the partial or total ban on the exercise of activities related to the processing of personal data. The LGPD also provides, in its article 52, for the imposition of a fine, limited to up to 2% of the revenue of the legal entity governed by private law, group or conglomerate, based on its last fiscal year, excluding taxes, the maximum amount being restricted to R $50 million per infraction.”

Liberal professionals (doctors, lawyers, accountants) need to adapt to LGPD?
“Yes, individuals who process personal data for economic purposes must also adapt. Only natural persons who do not do so for economic purposes, that is, exclusively private individuals, such as keeping a list of names to send invitations to a birthday, for example, are immune from the Law”.

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Caution and legal support are essential

The content discussed here sheds light on a subject that has been little discussed until now, but of broad social and economic relevance. For entrepreneurs and liberal professionals who have personal information of their customers in their domain, the responsibility is great and the penalty can be extremely harmful to their business. Several companies have already experienced severe sanctions, Google, for example, was penalized by 50 million euros, and Facebook by 5 billion dollars. A small insurance broker in the state of Mato Grosso do Sul was also fined, demonstrating that the law is being applied to all companies, regardless of size. 

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In this sense, in addition to caution, prevention is of paramount importance and in this case, it is only possible to obtain support through legal professionals, especially lawyers specializing in the subject in partnership with technology professionals.   In addition to legal support, these are the professionals most qualified to adapt companies to the new reality, which, in addition to meeting the criteria of the Law, will also avoid significant capital losses in private institutions.