Privacy, Data Protection and Digital Compliance

The form in which the current business model is sustained on the Digital Society, where the information became the main exchange currency used by the users to have access to certain assets, services or conveniences, causes the appearance of the necessity of specific laws about the protection of personal data, however the right to privacy is already provided in the Constitution.

As the digital economy spins around personal data, it is necessary to delimitate some limits and best practices, for consumer protection and to avoid unfair competition. I.e., the objective is to hinder excess and guarantee greater transparency and legitimacy of businesses. The progress and the technological evolution focuses precisely on giving greater access to information, at the same time that the business relations directly depend on to ensure the legal safety of the parties, avoid coups, frauds and risks of default. True and transparent information, used in a legitimate and proportionate manner, ensures economic growth and public safety.

Therefore, the work of a specialist in Digital Law, capable of comprising the technologic change, its social and legal effects and ensure greater protection to the entrepreneur, to the shareholders and to the business itself is indispensable. For that reason, it is indispensable to comprise and overcome challenges related to how the companies can protect their data (which are fundamental assets) and their clients' information (which are linked to the ideas of intimacy and privacy).

This adequacy covers from data bases to the preparation of the privacy policy in accordance to new regulations in Brazil, such as the General Law for Data Protection (No. 13.709/2018), in Europe (GDPR) and in the USA, of the Civil Framework for Internet Use and Anticorruption Law. Thus, the companies make strategic decisions that balance the respect to the protection of personal data and the growth conditions of business in Digital Economy with the trend of Big Data, Artificial Intelligence and Internet of Things.

These are internal compliance mechanisms and procedures, which should be continuous and broadly disclosed, and they should have the participation of all employees, regardless of the position of function exercised. This program involves technical, innovative and preventive actions not only to make businesses feasible, but also to make the data protection a true competitive advantage, from:

• Commitment of the entire high management to the principles and ethical values established in the compliance program;
• Preparation of the Code of Ethics and Conduct guaranteeing the practice of ethical and transparent relations, in addition to prohibiting any form of corruption, fraud, bribery, favoring or extorsion;
• Technical-legal advisory on data security due to the (non)compliance with the main standards related to the information technologies;
• Verification of the regulatory compliance (national and foreign laws) for the feasibility of businesses and maintenance of corporate integrity;
• Update of the Information Security standards, in order to ensure the ethical use of tangible and intangible assets;
• Preparation of a specific standard for contracting third parties, covering from the negotiation process to the effective contracting, and during the development of the contracted activity.
• Detection, prevention and remediation of nonconformities related to technology;
• Litigious performance in case of leaking of data, unfair competition, frauds, etc;
• Analysis, review and advisory in contracts involving any types of data transfer (national and international, between national and foreign, for all types of third parties, etc), including therein operations of mergers and acquisitions and corporate operations in general;
• Audits and risk management of data exposure;
• Preparation and review of the terms of use of platforms and digital channels for compliance with laws such as the General Law for Data Protection (No. 13.709/2018), the "Civil Framework for Internet Use" (Law 12.965/14), "Carolina Dieckman" Law (law 12.737/12), Consumer Defense Code and its regulation (law 8.078/90 and Decree 7.962/13), General European Regulation for Data Protection, "Anticorruption" Law and its regulation (law 12.846/13 and Decree 8.420/15), etc.