Today, January 28, the International Data Protection Day ("Data Privacy Day") is celebrated. Originating with the signing of Convention 108, the first international treaty that dealt with privacy and data protection, the date aims to highlight the importance and relevance of personal data in the economy and in the society. The matter is relevant not only to the organizations that carry out personal data processing activities, but also to the data subjects, who currently find their rights supported by specific legislation.
Data protection is an increasingly present issue, given the apps and solutions that cause our daily life to be more comfortable but at the same time, less private and the entry into force of the Brazilian General Data Protection Law in August of this year ("LGPD"). The LGPD, inspired by the GDPR (European Data Protection Act), has as main purpose to protect the fundamental rights of freedom and privacy and allow the free development of the personality of the natural person. For such purpose, the Law establishes that both natural persons and legal entities (both public and private) that process personal data in their operations must legitimize their processing activities based on the legal basis established in the legislation, in addition to fulfilling a series of obligations related to transparency, non-discrimination, compliance with the rights of holders, among others.
Being in compliance with the LGPD goes far beyond mitigating the risks and penalties provided for in the legislation. Organizations that adopt a responsible position in the processing of personal data will have a competitive advantage for their business in view of the trust and reputation built before their customers and other stakeholders. The guidelines of a well-implemented privacy program provide organizations a degree of transparency and precision in their activities, allowing a return on investments made.
KLA Advogados has extensive experience and assists organizations in implementing data protection program, supporting clients from different sectors in complying with the law and in adopting the necessary controls to meet their requirements. We make ourselves available to assist on project implementations and answer any questions.