How To Make Your website LGPD Compliant in less than 1 week

The Lei Geral de Protecao de Dados (LGPD) is based on the risk-based approach, which is similar to what is required for businesses to be GDPR compliant. Companies/organizations processing personal data are encouraged to implement protective measures corresponding to the level of risk of their data processing activities. Therefore, the LGPD cookie consent obligations on a company processing a lot of data are more onerous than on a company processing a small amount of data.

The LGPD focuses on national specifics, the principles of data protection law are being based on accountability, purpose limitation, data minimization as well as security and privacy by design. When you are comparing this document to GDPR it definitely feels familiar.

The LGPD applies to any private or public individual or company with personal data processing activities that:

• are carried out in Brazil;
• personal data is collected in Brazil;
• involve offering and supplying goods or services in Brazil or relate to individuals who are geographically located in Brazil

Many websites use tracking technologies, including cookies, pixels, and tags, to advertise, collect statistics and perform marketing campaigns. Under the LGPD, you are responsible for providing notice and obtaining cookie consent for each one of these technologies. LGPD cookie consent must be provided by the data subject in writing or by other means that demonstrate the data holder’s will. The controller is responsible for providing that the cookie consent was obtained in accordance with the requirements of the LGPD. Consent must be specific to particular purposes.

Make sure to do a web audit of your website and see what trackers you have enabled and running. If you are unsure what trackers you have on your website, then use our tool for free. It is free and will provide you a result within 5 minutes or less.

In order to obtain valid LGPD cookie consent, you need to follow specific requirements. The consent must be informed, explicit, freely given, specific and data subjects have the right to withdraw and written in plain language that it’s clearly visible.

Your privacy banners must clearly identify each party for which the cookie consent is being granted. It isn’t enough to state the category name, such as analytics, but should include the identity of the organization, e.g. Google, which processes the data.

The standard text phrase that is included in Cookie notices is “by using this site, you accept cookies” will not be sufficient under LGPD compliance requirements, as it only suggests implied consent, is ambiguous and generic. You will now need granular levels of control with separate consents for tracking and analytics cookies, as well as mechanisms to also signal customer consent.

To learn about cookie blocking , please see this guide.

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