Aplicabilidade da lei geral de proteção de dados e da metodologia "privacy by design" nos termos de uso e de política de privacidade

Abstract

This monograph aims to analyze the applicability of the new provisions designed to personal data by the General Data Protection Law (LGPD), especially in the Terms of Use and Privacy Policy. The need to regulate the treatment of personal data with accuracy subsidized the creation of a specific law requiring substantial changes in the virtual environment. To that end and based on certain concepts distributed in the European regulation, the General Data Protection (GDPR), and on the privacy methodology from conception (privacy by design), digital contracts will be guided by new professionals, the so-called treatment agents, as well as will be duly supervised by the authorities defined by law. In effect, a new reality will be structured in the virtual market. In light of these parameters, we intend to analyze, in practice, certain clauses that are commonly used in the Privacy Policy Terms of Use, especially those provided in Mercado Livre and 99Pop. Finally, the objective is to point out how the responsibility of the treatment agents will be observed when the irregularity in the treatment is verified