Adzooma Marketplace

Find the Digital Agency that best suits you

Find the Digital Agency that best suits you

Adzooma Marketplace is where over 50,000 businesses & agencies come together to find their perfect digital marketing partner.

Visit Adzooma Marketplace

What Marketers Need To Know About Brazil’s LGPD Privacy Law

July 16, 2020
Avatar
written by Danielle Strouther
Copywriter

Brazil’s LGPD is the latest privacy law due to come into effect. Here’s what you need to know about it and how it might affect your business.

The Lei Geral de Proteção de Dados (LGPD) is a new Brazilian data protection law designed to police and protect how data is collected, stored, and shared for Brazil’s more than 150 million internet users. 

You may have seen an email on this popup in your inbox from Google over the last few days. So to help you out further, this post will detail exactly what this law is, how it might affect you (even if you’re not based in Brazil) and what you have to do to get ready for it.

What is the LGPD privacy law?

The LGPD is a data protection law passed in August 2018. Enforced by a new national authority called the ANPD (Autoridade Nacional de Proteção de Dados) the LGPD states that you cannot collect and share personal user data without consent from Brazilian users. 

Personal data in this law is defined as any that can be used to identify someone, such as their:

  • Name
  • IP address
  • Coordinates
  • Cookie IDs
  • RFID numbers
  • Mobile IDs
  • Demographic information

In most ways, the LGPD is similar to the European GDPR. So if you’re already familiar with this law, there won’t be many other changes that you need to get used to.

What’s the difference between LGPD and GDPR? 

Under GDPR, there are 6 cases in which content is not required for data processing. The LGPD has 10 legal bases instead. These are: 

  1. Explicit consent
  2. Contractual performance
  3. Legal obligation
  4. Legitimate interest
  5. Public task
  6. Life protection
  7. Health protection (medical procedures)
  8. Protection of credit (credit score)
  9. Research by public study entities
  10. Exercise of privileges in legal proceedings

Like GDPR, there are no exact outlines for what ‘legitimate interest’ or ‘explicit consent’ consist of. To be on the safe side, it’s recommended that your business is able to present clear consent forms to protect your business. 

If you’re found to be in breach of the LDGP, you also have a different timeline to fix this. Instead of the normal 72 hours, you now have a “reasonable time period” to rectify this which will be defined by the national authority. 

Failure to comply will result in a penalty. The penalties are capped at 50 million Brazilian reais, or 2% of your annual revenue from Brazil, depending on which is higher. 

Who does the LGPD effect?

The LGPD will affect any business that collects personal data, offers products or services into or out of Brazil or advertises to Brazilian users. 

Basically, if your website or advertising can be accessed in Brazil, you need to comply with the new law. 

How does it affect your PPC ads? 

If your advertising is already GDPR compliant, this law won’t have much impact on your PPC ads. In effect, it will mean that Google will update its privacy laws to ensure that the way they handle and store data is compliant with the LGPD. 

There are a number of Google Ads features that you can use to make sure that your ads won’t be caught out, such as: 

If you’re advertising a lot in Brazil, you can also use Google’s Non-Personalized Ads solution which allows you to serve non-personalised ads in Brazil to ensure that you are compliant with the LGDP laws. 

When is the LGPD coming into effect? 

This one is a little more complicated.

Currently, the LGPD is scheduled to come into effect on August 15th, 2020. However, if the National Congress does not approve, or offers any other amendments to the law, it will come into effect on May 3, 2021, as per the terms of the Provisional Measure No. 959. 

At the moment, it’s unlikely that the law will be amended and thus businesses should prepare for it to come into effect on August 15th 2020. 

What to do to prepare for LGDP

Before August 15th, it’s a good idea to review the personal information and data that you currently collect from Brazil, ensuring that it is compliant with the new LGPD laws. 

If you have a large base in Brazil, it may be worth contacting a legal representative to guide you through any additional processes or procedures that your company may have to put in place. For example, in some cases, you may need to employ a Data Protection Officer (DPO) to ensure that your business is compliant. 

Keep up to date with the latest advertising news and changes by subscribing to our newsletter or following us on Twitter. 

Smarter advertising management.
Completely free.

You made it to the end of our article, go you! As a reward, we’ve got a special
offer for you.

You can get the entire Adzooma platform, for free. That’s access to one-click improvements, intelligent reporting that automatically updates and much more for your Facebook, Google and Microsoft ads.

It’ll be the best advertising management platform you ever use.

Join For Free
Adzooma Marketplace

Find the Digital Agency that best suits you

Find the Digital Agency that best suits you

Adzooma Marketplace is where over 50,000 businesses & agencies come together to find their perfect digital marketing partner.

Visit Adzooma Marketplace

Adzooma Features

All the tools you need to make paid advertising faster & more effective

  • Optimise performance and boost ROI
  • Automate routine tasks and save time
  • Manage multiple accounts from one place
  • Request features via the feedback portal
  • Run reports that showcase your results

 

Jonny C.

“Having used other tools previously (Wordstream & Optmyzr) I can say that Adzooma is far better value and actually helps you to deliver so much more for your accounts.”

Tatsat S.

“Amazing tool, the functionalities are excellent and it saves lots of time in maintaining multiple ad accounts. Looking forward to making this my go-to ad management tool.”