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Implement and adapt the requirements of the new data protection law.
Do you already know the LGPD? The General Data Protection Law takes effect from this year, 2020, and is extremely important both for its content and for its scope and, in fact, effectiveness.
Unlike what many people think, LGPD affects not only companies but also ordinary citizens who process any personal data of third parties. This clarification is very important, since the non-compliance with this law or even the non-preparedness and adequacy for it can result in fines in excess of R$ 40 million and other types of sanctions by official bodies of the Brazilian Government.
To really understand what the LGPD is about, we first need to clearly keep in mind that personal data is the greatest asset of any company. They are what we might call "priceless information". Think for a few seconds: "How much is my personal data worth?". Please understand that when we talk about "personal data", we are talking about your name, residential and professional address, telephone numbers, CPF, RG, personal and professional e-mail, data from family and friends, etc.
Lets imagine that you, as a customer of a company or service, provided one or more of the above data so that you could use, in part or in full, the service of interest to you. Of course, you assume that your data will only be used for the purposes necessary for the company to provide you with the contracted service. Collections, data management, in short, only actions related to the needs of the service in which you, as a customer, are interested.
Now, lets go to a scenario that, unfortunately, is not uncommon these days. The company from which you use the services and to which you have provided your data has somehow had its customers data exposed. Whats more, you were among these customers.
At this point, for you as a customer, it doesnt matter if the data leakage was due to a security breach in the system of the service provider, a deliberate action of criminals or through a disgruntled employee... The only thing that what matters is that your data has been exposed.
Basically, the purpose of this law is to offer the customer more security and guarantees about how, when and why their data is handled. It is to allow the customer that the data provided to companies will be treated properly and that you, as a customer, will know and have power over the traffic of this data.
Think about the following question: You (individual) or your company process data from third parties, whether it is just an email address or a document number, whether in a system customized for your company, an Excel spreadsheet or a spreadsheet handwriting paper?
If your answer is "Yes" then yes, you need to conform to LGPD.
The adaptation is done through the development of Protocols, Security and Privacy Policies and creation of professionals who will be responsible for the maintenance and monitoring of these policies within your company.
Among other things, it is necessary to establish documents that explain to its customers what data the company needs and why this need is. The company will also need figures such as a Data Controller and access records. It is no longer accepted that customer data is or is accessible to people who do not need, for reasons of professional need, to access it
Lets remember the case of a hospital that leaked the records of Brazilian TV presenters. The ethical issue is obvious, but see how difficult it was to identify exactly which, or which, employees were involved, since the document was kept in a place that was easily accessible by all employees.
In addition to the natural risks that the exposure of a persons personal data can cause, such as identity theft, scams, embezzlement, blackmail, kidnapping, among others, for the company, the risk is financial and fiscal. With fines that can reach R$ 50 million and even the loss of the right to work with third-party data, which for the vast majority, means the end of their business.
It may seem very complex and, in fact, it is, but Private Code has a highly trained team to fully assist you in this process. We work from planning for the implementation and development of the necessary artifacts and processes within your business rule to training your team and maintaining the entire process, which will ensure that your company always remains within the standards required by law, thus providing security for your customers and for your business!
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