The General Data Protection Law (LGPD) has been in effect in Brazil since September 2020. It is expected that, after one year of the legislation being in force, fines and penalties will begin to be applied to companies that fail to protect the personal data of their customers.
While organizations are in the process of adapting to the new law, some companies are taking advantage of the moment to sell miracle solutions. They promise a quick fix for compliance.
However, keeping personal data protected is neither simple nor quick. It's a transformation process within the company, involving various departments and a great deal of knowledge sharing about privacy and data protection.
Therefore, it's not possible to say that a single solution or consultancy can keep a company away from infractions and penalties. The reality is more complex than that.
Is there a way to quickly adapt to the LGPD (Brazilian General Data Protection Law)?
To comply with data protection law, it is necessary to:
- To know what personal data is under the control of your company;
- Organize this data;
- Check if there is consent for collection and treatment;
- Investing in ways to protect this information, among other steps.
Therefore, making a quick adjustment is complicated and unreliable. It takes time and needs to involve several departments to ensure the company is truly secure against leaks and misuse of personal information.
Regarding the law, it's of little use to protect data from access by people who don't need to be involved in that process, if the marketing department sends numerous emails and SMS messages without consent, for example.
What are the first steps towards compliance?
First, it's necessary to identify who will be involved in the compliance process. It's essential to define who will be the DPO, or Data Protection Officer, first and foremost. This person will be responsible for mediating the company's relationship with the ANPD (Brazilian National Data Protection Authority) in case of incidents. The DPO can be a company employee or a third-party contractor.
The person who holds this position can come from any background or work in any department. The important thing is that they understand the LGPD (Brazilian General Data Protection Law) and the data collection and processing practices carried out within the company.
Next, it's time to invest in the right tools. The solutions from Privacy ToolsFor example, they help map personal data within the organization, record proof of consent for the use of this data, and manage cookies on websites. Cookies collect user information. It is essential that they are activated only after consent is given by those visiting an organization's page.
For those who have a website, another solution from Privacy Tools is the creation of Privacy PolicyThese are documents that are accessible to users and explain how data is collected, processed, and stored. The tool also allows for an audit trail to control revisions, versions, integrity, and availability of the content.
Seek autonomy over your company's data.
In conclusion, there are no miracle solutions when it comes to complying with the LGPD (Brazilian General Data Protection Law). It's necessary to involve company teams and thoroughly understand the law to grasp what needs to change in data collection and processing procedures.
Therefore, delegating compliance entirely to a department or company is not the best option. Every person who handles personal data needs to understand the basics of the law and do their part to prevent leaks and misuse.
If you are a business owner, seek information and don't leave such a sensitive matter as your customers' data in the hands of third parties. If you work in marketing, learn about the law. Study the necessary consents and what needs to change in your communication methods.
The important thing is that there is a collective effort and a consensus that compliance is a process that can take time. However, if nothing is done, the risk is high and could damage your company's image and finances in the future.
The law is already in effect! It's time to act so that customers feel more protected regarding their data. Respecting privacy should also become standard practice within your company.
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