Today, the market demand for knowledge of the General Data Protection Law is ever increasing. Digital companies have taken center stage, digital transformation has happened, and there's clearly no going back.
In this scenario, companies need to naturally adapt to the new reality, and lawyers need to be aware of all the details of the LGPD (Brazilian General Data Protection Law) to advise their clients.
Furthermore, Digital Law has become an excellent niche for young lawyers, so let's demystify the LGPD (Brazilian General Data Protection Law) so that it stops being a bogeyman in your office and in your life.
What is the new data protection law?
The General Data Protection Law (LGPD) is legislation that protects the personal data of individuals, that is, natural persons.
Here, pay attention to the first point: Law No. 13.709/2018 does not target data from companies or public and private institutions, but rather the data that this legal entity holds about individuals.
Now, the second point falls within the scope of individuals protected by the LGPD (Brazilian General Data Protection Law): data from employees, partners, clients, third parties, shareholders, and many others. Therefore, its scope is extremely broad.
Let us now examine the literal wording of Law No. 13.709/2018:
Art. 1 This Law provides on or treatment of personal data, including us digitais, by natural person or by legal person of public or private directive, with the aim of protecting the fundamental directives of freedom and privacy of the free development of personality of the natural weight.
Now that you understand what the LGPD is, we will continue with the development of the points of this legislation.
Read also: CONSTITUTION AND INTERNET: WHAT NEEDS TO BE DISCUSSED TODAY?
How does the General Data Protection Law work?
The LGPD (Brazilian General Data Protection Law) functions in a very similar way to the General Data Protection Regulation (GDPR), the European data protection law. Therefore, Law No. 13.709/2018 also operates in a very principled manner and requires auditable indicators.
The foundations of the LGPD (Brazilian General Data Protection Law) are found in Article 2. Here, pay attention: Any interpretation that hypothetically violates these principles is inadequate for the functioning of the General Law on the Protection of Personal Data. It is worthwhile to review its fundamentals:
I - or I respect privacy;
II - informative self-determination;
III - freedom of expression, information, communication and opinion;
IV - inviolability gives intimidation, gives honor and image;
V - o economic and technological development and innovation;
VI - free initiative, free agreement and consumer defense; and
VII - You will be human, or free development of personality, to dignity and exercise of the citizenry for the natural people.
What is the purpose of the LGPD?
The purpose of the LGPD (Brazilian General Data Protection Law) is to protect the data of natural persons, that is, the protection of the human person, mainly with regard to protecting the free development of personality by guaranteeing their informational self-determination.
Reaffirming this objective, we can see it in the doctrine:
"Inspired by the European data protection law, known as the General Data Protection Regulation (GDPR), the LGPD aims to protect the personal data of natural persons, that is, individuals." (Garcia, Lara R, 2020)
What is the importance of the new general law on the protection of personal data for the Brazilian population?
The importance of the LGPD (Brazilian General Data Protection Law) is closely linked to the protection and guarantee of the fundamental human rights of the Brazilian population. It is the most specific legislation on privacy and even imposes fines for non-compliance with its regulations.
Although the General Data Protection Law (LGPD) is not the only law governing privacy—there is also the Federal Constitution, the Civil Framework for the Internet, the Consumer Protection Code, the Access to Information Law, Habeas Data, the Electronic Commerce Decree, among others—the LGPD is the most specific on the subject and, therefore, has the greatest relevance.
Considerations regarding the LGPD (Brazilian General Data Protection Law)
To simplify understanding of the LGPD (Brazilian General Data Protection Law), we have outlined its structure below in an easy and simple way to guide you.
- Chapter I: This chapter contains the general provisions of the law, focusing on the foundations, purpose of the legislation, terms, and principles applicable to the LGPD (Brazilian General Data Protection Law).
- Chapter II: specifically presents the requirements necessary for data processing, especially the requirements relating to consent;
- Chapter III: describes the rights of the Data Subject, which are based, in particular, on the fundamental rights of freedom, intimacy and privacy;
- Chapter IV: focuses on the processing of data by the Public Authorities;
- Chapter V: addresses the international transfer of data;
- Chapter VI: presents the duties and responsibilities of the Controller, Operator, and Supervisor;
- Chapter VII: reflects on the theme of Safety and Best Practices;
- Chapter VIII: focuses on the oversight of law enforcement, covering the administrative sanctions to be imposed by the National Data Protection Authority (ANPD), as well as civil or criminal sanctions.
Now that you've gone through all of the LGPD (Brazilian General Data Protection Law), we need to highlight the most important thing in this article. Shall we?
The time is now
Companies are increasingly migrating to the digital world. The economy is moving in this direction and there's no going back. Facebook, Google, Uber... are already the most valuable brands in the world . And the demand in this market will grow more and more each day.
It is clear that knowledge of Digital Law is a key differentiator in the legal profession today. Professionals who are prepared and confident in advising clients gain a competitive edge and thrive in the " blue ocean " (a concept of competitive differentiation used by market leaders).
However, for lawyers who already serve these corporate clients and don't want to lose them, we believe that now is the time to stand out in this new segment of law.
Furthermore, there is a high demand for Digital Law, especially among young lawyers, and we believe that in two to five years, these professionals may already dominate the market.
That's why Digital Law is so essential and relevant in today's legal practice. So, don't put off until tomorrow the professional you can build today.
