LGPD BR: What is it and how does it affect Brazil's foreign trade?
LGPD BR was created in Brazil to ensure greater protection in the use of personal data. Check out how the new law affects foreign trade and companies in Brazil.
What is the LGPD Law?
The accelerated growth of digital transformations in the lives of Brazilians has been making it easier to perform daily activities over the Internet and reducing old bureaucracies, but it has raised an alarm about the need for greater use of personal data during online access.
Soon, the dangers of improper or criminal manipulation of people's important information were also amplified, requiring the creation of a new data protection law.
In this scenario, the Lei Geral de Proteção de Dados (LGPD) or General Data Protection Law of Brazil emerges to be part of the personal privacy legislation in our country.
Created since 2018, but effective only in September 2020, the data law has been increasingly demanded in 2021.
Its elaboration was inspired in the European standards for personal data security and is applied in the national territory in a mandatory way for all companies.
As foreign trade needs the constant use of personal data to fulfill international trade relations and ensure contractual and commercial authenticities, it is essential to rely on LGPD in this scenario.
Effects of LGPD BR on Foreign Trade
The General Data Protection Law requires companies to implement national legislation in their data management frameworks.
In its structure, the LGPD presents important definitions of concepts that previously generated confusion in the handling of data, establishes guidelines for the collection, storage, processing, and sharing of data, and makes it clear that its adherence must occur by all companies operating in the country, from micro-enterprises to large multinationals.
One of the already expected and identified effects of this implementation is the efficiency of the protection measures, which is guaranteeing the treatment of personal data and signaling the policy applied by each company towards the trade.
While businessmen gain legal certainty in their services abroad, the trust acquired in companies that are governed by LGPD during their business transactions generates amplification of the customer experience at an international level, making negotiations more recurrent.
Another effect is the sanctions for those who do not adhere to LGPD in Brazil.
Among the main sanctions is civil liability for damages involving individuals' personal data and punishment for administrative violation of the legislation.
These sanctions can result in fines, compensation for damages, partial or total prohibition from exercising activities related to data processing, and the publication of the violation after it has been confirmed.
How to apply LGPD BR in my company?
To apply the LGPD in your company and be legally protected over transactions with your customers' personal data, you need a DPO (Data Protection Officer).
The DPO is responsible in ensuring compliance with the law, in recording data requests, questions and concerns from consumers, and in dealing directly with the National Data Protection Authority (NPA) or National Data Protection Authority on any violations.
The DPO can be an experienced employee who has mastered the issues of Brazilian law or a contracted company.
Guarantee security and modernity in your commercial transactions
At Ship Smart, you will find practicality in carrying out foreign trade transactions through online services (app, site, and API), fully supported by LGPD and also with competitive prices that allow you to send Brazilian products to anywhere in the world, with tax values already applied, and all this without having to leave home.
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