Business Corporate Protection Safety Security Concept
* By Rodolfo Tamanaha, Fabio Gazzoni and Maritza Amaral Rodrigues
In the last week of January, specifically on the 28th, the International Day for the Protection of Personal Data was celebrated. The date was set on April 26, 2006 by the Committee of Ministers of the Council of Europe (EC), with the intention of making users aware of the importance of protecting data that is transmitted electronically and encouraging companies to handle this data responsibly. .
In Brazil, although several laws have dealt with the subject for some time, it was only in September 2020 that the General Law for the Protection of Personal Data (LGPD, Law No. 13,709 / 18) came into force. This is a specific law by which the activities of processing personal data in Brazil are regulated, in addition to creating the National Data Protection Authority (ANPD), the body responsible for ensuring the correct application of the law, promoting measures to raise awareness about the importance of data protection and privacy and determining - in the future - the administrative sanctions to be imposed, as a change in the law postponed until August 1, 2021 the entry into force of the provisions dealing with the ANPD sanctioning administrative process .
The risk of unwanted exposure to personal data, which the recent security incidents with personal data revealed, together with the new mechanisms used to decrypt database security keys, were the main motivators for the creation of Brazilian regulation. Directly related to this scenario, the possibility of leveraging digital business models that use personal data and the use of information made available by the owner for various activities in a digital environment are part of the incentives that boosted the creation of LGPD and ANPD.
Therefore, in this context of increasing digitalization of the economy, the consent of data subjects for their information to be transferred or transacted has become fundamental to the activities performed by thousands of companies and people who collect, store, process and dispose of data. In view of the greater concern with the privacy and protection of personal data, the moment has never been more favorable to discuss the need for companies to adapt to the LGPD.
By adapting to the new legislation, companies will not only be guaranteeing the security of the data of the holders with whom they have business relationships, which is already considered a competitive differential, but they will also be able to ensure greater protection of their own databases and the security of your corporate business information.
This is because, from a broader point of view, protection not only affects personal data, but also assists in the security and data governance of companies that, in some way, perform data processing, increasing reliability and credibility in the market, which also results in the valuation of companies that are suitable for LGPD by their consumers, investors and commercial partners.
* Rodolfo Tamanaha he is a professor of law, research coordinator and coordinator of the Laboratory of Law and Digital Transformation Studies (LabDITD) at Faculdade Presbiteriana Mackenzie Brasília (FPMB), and a partner in the practice of Digital Business and Technology at Madrona Advogados.
* Fabio Gazzoni he is an associate in the multidisciplinary area of Digital Business at Madrona Advogados.
* Maritza Amaral Rodrigues is an associate in the multidisciplinary area of Digital Business at Madrona Advogados.
Notice: The opinion presented in this article is the responsibility of its author and not of ABES - Brazilian Association of Software Companies
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