Concern about data protection has become commonplace for most people, especially after information about the practice of sharing personal information by some companies became public.
This fact, coupled with the increasing number of cyberattacks and scams, has created insecurity for many people. In order to ensure compliance with all data protection regulations, many governments have created specific laws entirely focused on user security, such as the General Data Protection Law – LGPD.
Here we will understand a little more about this Law, its importance and how it can directly impact your company.
The General Data Protection Law (13.709/2018) was created with the main objective of protecting the fundamental rights of freedom, privacy and free development of personality, focusing on creating a scenario of legal certainty, through the standardization of regulations and practices to promote the protection of the personal data of every Brazilian citizen.
The Law also defines what personal data is, all information that can identify a person, such as ID or CPF, in addition to explaining that some of them are subject to more specific care, as is the case with sensitive personal data, all data whose processing may lead to discrimination against its holder, such as sexual or religious orientation, as well as personal data about children and adolescents.
According to the LGPD, all data processed, whether in physical or digital form, is subject to regulation. The law also establishes that regardless of the location of an organization's headquarters, if information about individuals, Brazilian or not, is processed within the national territory, the LGPD must be observed.
With the LGPD, the data subject's consent has become an essential element for processing, as set forth in Article 11, II, of the Law. The Law also grants the data subject the power to request that their personal data be deleted, revoke consent, and transfer data to another service provider.
The National Data Protection Authority (ANPD) is responsible for enforcing the LGPD. The ANPD is responsible for regulating and providing guidance on how to apply the law in advance, as well as imposing penalties for noncompliance with the LGPD.
The Law also provides for the existence of data processing agents, who are responsible for:
The person responsible for managing data must also draft governance standards, adopt preventive security measures, replicate existing best practices and certifications in the market, develop contingency plans, conduct audits, resolve incidents quickly, and immediately notify the ANPD and affected individuals of violations.
Security breaches can result in fines of up to 2% of an organization's annual revenue, capped at R$50 million per violation. The national authority sets penalty levels based on the severity of the breach and sends alerts and guidance before imposing sanctions on organizations.
In recent years, technology has become central to our social interactions. From social media to the app that shows us the best route home, they all share a common fuel: our personal data.
With the growth in the use of personal data, both by the private sector and public bodies, the creation of legislation to protect personal data and data subjects became necessary.
In Brazil, a series of sectoral regulations already existed on the subject, but with the enactment of the LGPD, this scenario underwent a major change. Besides being the first general national law on the subject, the LGPD is extremely important due to its rules for the processing of personal data.
These rules range from the principles governing the protection of personal data, through the legal bases capable of justifying data processing, to the monitoring and accountability of those involved in the processing of personal data.
The LGPD was also responsible for enabling the natural person to whom the data refers to request information, such as confirmation of the existence of processing of their personal data, access to the data, correction of incomplete data, deletion of unnecessary data and portability of personal data.
The news of the LGPD's enactment raised concerns for many managers, especially those unfamiliar with the rules and guidelines regarding data security.
Despite the adaptation period and all the changes the LGPD is expected to bring, it won't directly impact revenue. Companies that already use data to improve their customer experience can continue to do so, but they must comply with the law.
Transparency will be your ally; it's essential to show the customer everything that's being done with their data, making them aware of the provision of their data and website cookies.
The General Data Protection Law is very clear: all companies that handle customer and employee data in any way must adapt and evaluate their internal processes to ensure the integrity and privacy of personal data.
This adaptation process is not simple or quick. Depending on the size of the company, the entire project can take months to complete, as it will involve several departments and people.
It's important to emphasize that the LGPD is not a law exclusive to large organizations. Regardless of your company's size, if it handles personal data, you need to comply.
To avoid problems during this adaptation period and develop a consistent compliance plan, companies are recommended to seek the support of a consultancy specializing in LGPD.
A good consultancy will provide the entire basis and mechanisms for the company to develop an adaptation and compliance project that truly meets all legal requirements. Furthermore, the project will be on target, without wasting personnel or resources.
Here are five points where good consulting will make all the difference to your company:
Having specialized support will make the entire process easier for the company. Creating consent forms, adapting privacy policies, and reviewing contracts aren't the only tasks involved in compliance; the list of services can be much broader than some managers realize.
In addition to the activities mentioned above, here are some tasks where a specialized consultant can make a big difference:
The LGPD provides for fines for companies that cause harm to their customers through data misuse. Fines for violations can reach 2% of the company's annual revenue.
LGPD consulting will assist in assessing and mitigating risks. A comprehensive review will provide an overview of the entire process, identifying areas requiring improvement.
A reliable risk analysis will assess the following points:
Every adaptation requires changes, whether technological, human, contractual, or legal. However, this entire process can be accelerated with specialized consulting.
With LGPD consulting, you won't need to spend your employees' time developing plans to process data in accordance with legal compliance; the consultancy will be responsible for planning your strategy.
Your team will participate in the project, they will be trained, but they will not lose energy in developing the project.
Consultants will use proven methodologies throughout all stages of the project. They already know the paths to advance the action plan without wasting time or unnecessary risks.
Have you ever heard the phrase "Knowledge is power"? This is a great truth in an LGPD implementation project; if you possess the necessary knowledge, your process will proceed in the best possible way, without complications or losses along the way.
The consultancy's job is precisely this: to ensure that you have all the necessary knowledge to organize and prepare your company for all data protection compliance activities.
Understanding the organization's business model should be a priority for the consultancy, as this is the only way to map the entire data flow. Here, we've listed the five fundamental steps for an LGPD compliance project.
At this stage, an initial survey of the processes that handle personal data within the company should be carried out, whether these have any associated legal basis, as well as the ways in which this data is handled.
This stage will involve process mapping, data inventories, personal data mapping, and risk assessment. This stage is crucial to the entire project and will define all subsequent processes.
In this second stage, the adaptation activities will be planned. Once the mapping and GAP survey are in place, it will be necessary to define the project objectives and delivery deadlines.
During this stage, all the people who will be part of the project and who will work directly on adapting the company must be defined.
In this third stage, everything that was planned will be put into practice. It's also at this stage that potential complications must be identified, adjusted, and incorporated into the process.
Consolidating a data protection culture will be essential to sustain and monitor the maintenance of implemented actions. This will only be possible through ongoing training, development, and awareness-raising in the areas involved.
With an already consolidated adaptation, it is necessary to think about optimizing the related processes, improving the added value to the company, suppliers and data subjects, increasing the efficiency of the adaptation, as well as reducing risks and waste.
As we've already mentioned, the LGPD compliance process isn't a quick one; it requires time and expertise. Having a specialized team can make all the difference to the security of your project.
Check out the ISO 27001 guide for LGPD compliance.
Now that you know it's worth hiring a consultant, get in touch to learn more about how Promove can help your company!
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