Os impactos da lei geral de proteção de dados (LGPD) sobre os contratos de consumo

Abstract

With the rise of technology in contractual relationships, the vast majority of consumer adhesion contracts are celebrated virtually. In view of this scenario, the need arose for specific regulation on data collection performed by the suppliers through these contracts. Until the year 2018, the legislation applicable to the subject was restricted to the Consumer Defense Code, Civil Code and Federal Constitution. Such legislation, however, has become insufficient, insofar as they no longer contemplated the innovations arising from of the virtual age. Then, Law No. 13. 709/18, General Data Protection Law (LGPD), in order to protect the consumer against abusive practices from alleged permissions contained in consumer contracts. This innovation legislative proposal aims to protect consumers' personal data and prevent companies capture, process and share such information improperly. We sought to analyze the changes brought by the law to consumer contracts. Furthermore, it was intended to verify if companies, even today, continue to use of abusive clauses in its adhesion contracts to justify an improper collection of data. In this context, the role of the National Protection Agency is clarified (ANPD), responsible for applying the sanctions provided for in the LGPD. Finally, the conclusion was reached about how the LGPD has been acting, in the sense of sealing the illegalities contained in the adhesion contracts and the rampant personal data of consumers