What is a cookie and why does the LGPD apply?

The small file that websites save in the browser and that, by identifying the user, becomes personal data.

Definition

A cookie is a small text file that a website saves in a user's browser to remember information between pages and visits, such as login credentials, preferences, shopping cart items, and identifiers used in audience analysis and advertising.

There are necessary cookies (without them the site does not function), performance and analysis cookies, functionality cookies, and advertising cookies. First-party cookies are stored by the site itself; third-party cookies are stored by external services, such as advertising networks and analytics tools.

What does the LGPD say?

A LGPD It doesn't mention cookies, but Article 5, I, includes information related to an identifiable person as personal data, and Article 12, § 2, considers data used to create a profile of a person, even if not identified, as personal data. The ANPD's Guidance Guide on cookies and personal data protection is available at [link to ANPD guidance guide]. ANPD websiteIt advises that necessary cookies may be based on legitimate interest or contract execution, and that other cookies generally require consent, with a banner that allows refusal as easily as acceptance.

In practice

  • Make an inventory of the site's cookies and scripts, by purpose and by third party.
  • Block unnecessary cookies until you give your consent.
  • Publish a cookie policy and keep it synchronized with your inventory.
  • Keep proof of the user's choice.

How Privacy Tools it deals with the topic

A Cookie Management and Policies scans the site, classifies cookies, displays the banner with automatic locking and records choices; a Consent Management centralize these records along with the other consents.

Related terms

Cookie banner · Consent · Personal data · Privacy policy · Back to glossary

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