LGPD: What does the General Data Protection Law say?

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Who needs to apply the LGPD?
All businesses, of any size, that use or store personal data, i.e. public information, must comply with the General Data Protection Law.

This means that every company that creates or uses customer, employee or supplier registrations must apply the LGPD in its management.

What are Legal Bases?
Hypotheses in which the General Data Protection Law authorizes the processing of personal data. This means that companies that use and process personal data outside of the legal basis do so illegally and are subject to fines, in addition to other sanctions provided for in Law 13,709

In practice, compliance with legal bases is the key argentina telegram screening point for companies to have more transparent and fair relationships with consumers.

The LGPD has 10 legal bases , they are:

It is important to highlight that no legal basis overrides another, and therefore there is no dependence or predominance between them, and the User must verify which hypothesis is appropriate for the case of data collection carried out by their company.

It is also worth noting that the purposes for collecting and processing data must be clearly and accessible to the data subject.

1. CONSENT

It is characterized by the clear and unequivocal declaration that the holder agrees to the use of his/her data for the purposes proposed by the company. The Holder, therefore, must expressly agree to the provision of his/her data, as well as to its use by the company, for the purposes described.

2. COMPLIANCE WITH LEGAL OR REGULATORY OBLIGATIONS BY THE CONTROLLER

This database refers to the fulfillment of a legal obligation by the controller. This means that, according to current legislation, the controller is obliged to collect user data.

Ex: a company that has a legal obligation to submit the Income Tax Withheld at Source Declaration (DIRF) relating to its employees.

3. BY THE PUBLIC ADMINISTRATION

Exclusive hypothesis for the processing and shared use of data necessary for the Execution of Public Policies Provided for in Laws and Regulations or Supported by Contracts and Agreements and Other Instruments.

In this case, the purpose is to implement public policies, and the Public Administration must follow specific procedures to process data with this information.