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LGPD: Brazil’s New Privacy Law

Have you heard? Brazil passed its own privacy law. The law, which is called Lei Geral de Protecao de Dados (or the LGPD), is similar in scope and effect to the European Union’s General Data Protection Regulation (GDPR). Like the GDPR, the LGPD requires businesses handling personal data to be accountable for collecting, using, and managing that information appropriately. It also provides individuals with new rights. The law is scheduled to go into effect on August 15, 2020. In this article, we will walk you through the basics of the LGPD, including some of the most relevant parts of the law for our HostGator customers. 

While not an exhaustive summary of the LGPD, or legal advice for you or your company to use in complying with the law, this article is intended to provide helpful background information on the LGPD to help you better understand the law and how it may apply to you and your business. You should consult your own legal counsel to determine if you are subject to the requirements of LGPD and for a full understanding of your obligations under the law.

What is Personal Information Under the LGPD?

The LGPD defines personal information very broadly. If information can be traced back to, or is related in some way to, an individual, it is likely to be considered personal information under the LGPD. 

In addition to the kinds of information you might think about as personal information — name, address, email address, financial information, contact information, identification numbers, etc. — personal information can in some cases be information related to an individual’s digital life, like an IP address, geolocation, browsing history, cookies, or other digital identifiers. 

It could also include other types of information about an individual, including information about their physical, mental, social, economic, or cultural identities.  

Who Has Obligations Under the LGPD?

Generally speaking, the LGPD applies to all sectors of the economy, both public and private, online and offline applies  to the processing of personal information irrespective of the country in which a company’s headquarters are located, or of the country in which the data is located, provided that: 

  • processing operations are carried out in Brazil;
  • personal information was collected in Brazil; or
  • personal information belongs to individuals located in Brazil. 

There are certain exceptions that may apply to you. If you are unsure if you have obligations under this law, consult with your legal counsel.

What rights do individuals have under the LGPD?

The LGPD establishes a number of rights. Under the LGPD, individuals can:

  • Ask whether we process personal information about them, and if we do, to access data we hold about them and certain information about how we use it and who we share it with;
  • Ask us to update or correct personal information if it is inaccurate, incomplete or out-of-date data;
  • Ask us to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with the LGPD;
  • Ask us to port their  data to another service or product provider, by means of an express request;
  • Ask us to delete personal data;
  • Ask us to provide  to provide information about the possibility of denying consent and the consequences of such denial; and
  • Withdraw or revoke your consent.
Please note that not all of these rights listed above are absolute, and limitations/exceptions apply in some cases. 

How is HostGator Helping Me Comply with LGPD?

HostGator is dedicated to ensuring that our products allow our customers to comply with their obligations under the LGPD. Additionally, where required by law, we will support you in fulfilling LGPD-related requests that you receive from your customers.

How is HostGator complying with the LGPD?

HostGator customers will be able to  opt-out of receiving marketing/promotional emails at any time by clicking the ‘unsubscribe’ link included at the bottom of every marketing email they receive from HostGator. 

 
Note: Customers cannot opt out of transactional emails, as they are required for us to provide our services.

Additionally, when you visit our website, tools which allow you to select your cookie  preferences will be deployed. 

Where can I learn more about how HostGator handles privacy?

 

Please consult our Privacy Notice for more information about how we use your personal information.

The HostGator Privacy Center explains what information we collect about you as a HostGator customer and how we handle your personal information. This notice includes descriptions of how your personal information is used by HostGator. 

Remember: the information above is meant to provide helpful background information on the LGPD and is not a substitute for legal advice. 

What if I have additional questions? 

If you, or your customers have additional questions, contact us at: 

Data Protection Officer

Privacy@newfold.com