How cookie management can protect your company against LGPD fines.

Estimated reading time: 3 minutes

Summary

Cookie Management: Cookies play a crucial role in the operation of websites and in personalizing the user experience. These data files facilitate user identification, the presentation of targeted content, and audience measurement. However, the use of these technologies must be carefully managed to protect the rights of individuals and comply with the LGPD (Brazilian General Data Protection Law). Discover how cookie management can help you protect user data and avoid fines and penalties.

Cookie banners

It's very likely that you've already come across a cookie banner, as this mechanism is commonly found on a huge variety of websites. They are the simplest way to make the data subject aware of how their data is being used, as well as providing greater control over it. The banner serves as a transparent and easily accessible tool.

Best practices for cookie banners

Top-level banners: 

  • – Provide a button that allows users to reject all cookies;
  • – Provide a link that directs the data subject to the policy page and/or contains details about the use of the data, as well as information about the retention period, how to request data deletion, and how to revoke access.

Second-level banners:

  • – Categorize cookies according to their purpose and describe it;
  • – Program a different type of consent for each purpose;
  • Disable cookies by default;
  • – Explain how to disable cookies in your browser;

Cookies Policy

Maintaining the principle of transparency and ensuring users understand how their personal data is processed can be greatly aided by creating a cookie policy. One of the recommendations from the ANPD (Brazilian National Data Protection Authority) is that this document should present information about the purposes of collecting personal data, the retention period, and whether it is shared with third parties, among other aspects indicated in Article 9 of the LGPD (Brazilian General Data Protection Law). 

The display location can be on its own page or within the cookie banners themselves, as long as they can be accessed and managed in a clear and precise manner.

What to avoid?

  • – Use a single button in the first-level banner and leave it without the cookie management option;
  • – To make it difficult to see the reject or cookie management buttons;
  • – To make it impossible or difficult to reject unnecessary cookies;
  • – Leave unnecessary cookies enabled by default;
  • – Do not display second-level banners or make it difficult to manage cookies;
  • – Not presenting the cookie policy in the native language;
  • – Presenting excessively long lists that make it difficult for the data subject to understand.

Treat data subjects' information responsibly.

To avoid fines and sanctions under the LGPD (Brazilian General Data Protection Law), the best course of action is to follow the rules regarding cookies. After all, mishandling this type of data, which contains personal information about website users, constitutes a violation of the law.

If cookies are essential to your business, always keep them in compliance with the LGPD (Brazilian General Data Protection Law), following data security protocols. Another option is to dispense with storing cookies if they are not necessary, thus reducing the amount of data that needs to be processed.

Managing this data is crucial for websites that wish to operate in compliance with the LGPD (Brazilian General Data Protection Law) and protect their users' data. However, only through the implementation of clear, transparent, and accessible cookie policies and banners can companies guarantee a secure experience for their visitors.

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