LGPD - General Data Protection Law

Which is?

The General Law for the Protection of Personal Data (LGPD or LGPDP), Law No. 13.709 / 2018, is the Brazilian law that regulates the activities of processing personal data and also changes articles 7 and 16 of the Marco Civil da Internet .

Its text determines that all personal data (information related to the identified or identifiable natural person, such as name, age, marital status, documents) can only be collected with the user's consent. To carry out the processing of personal data without the consent of the holder, the law provides for specific cases.

Simply put, any data provided by someone in order for a service to be performed will have to be obtained in a consented manner and immediately eliminated, or under the express responsibility of the person who captured it that these data are protected in such a way that they are not used for another purpose or another person. .

Why was it created?

Brazil became part of the countries that have specific legislation to protect data and the privacy of their citizens. Other regulations similar to the LGPD in Brazil are the General Data Protection Regulation ( GDPR ) in the European Union , which became mandatory on May 25, 2018 and applicable to all countries in the European Union (EU) and the California Consumer Privacy Act of 2018 (CCPA), in the United States of America , implemented through a statewide initiative in California , where it was approved on June 28, 2018 (AB 375).

Facebook privacy scandals - in which Cambridge Analytica used user data so they could run a more assertive and customized political campaign in the election of Donald Trump in 2016 - also brought visibility to the issue. In July 2017 the Public Ministry of the Federal District and Territories (MPDFT) signaled a possible trade between public agencies, where the product is people's data, obtained through personal information such as information from the National Driver's License, without the owners' consent.

And how does it affect me?

If you have a business, register a customer's data and keep that data stored for later consultations, issuing production reports, billing, billing and future contacts, this law directly affects the way you take care of protecting that data. A good reason to be interested and provide the necessary changes are penalties ranging from a fine of 2% of the company annual net revenue to the blocking of personal data involved in the infringement.

And how to adapt and protect yourself?

We at Miami Systems have developed a comprehensive compliance policy that we employ here, involving changes in procedures and data protection, legal and insurance protection. We are able to implement these same standards in your company.

Our versions of the Argoswin, Vabene and Senior Mechanical systems already come with more consistent protection routines starting with version 2019.08.

Get in touch and learn more about this new law that will take effect from August 1, 2020 and how we can help keep your information flowing smoothly.