- Introduction
The General Law for the Protection of Personal Data opens a new scenario for the processing of personal data in Brazil. Much of the LGPD does not specifically address 1 Cookies (law 5/14 superficially addresses the concept of data art. .
This is because the legislator makes use of a concept of a personal concept, considered as an expansion related to a natural person identified or identified as “identified”. The highlighted term is extremely important.
By “identifiable” one should consider any point of becoming a contextual bias and can individualize an identifiable person.
As they are internet files that deepen information and navigation data that appear as the most appropriate aspects and improve features of an individual, European doctrine and data, personal cookies can be classified as allowing a natural person to be identified) .
- From the collection of cookies
The starting point for such a state of compliance lies in the availability of information to the data subject, in compliance with the Principle of Transparency (art.
In addition to complying with principled precepts, we mention respect for one of the legal bases provided for in art. 7 of the Legislation, among which the consent of the holder is the most appropriate permissive hypothesis for the use of cookies.
From reading article art. 5 invalid valid consent must come from a manifestation of will: a): Manifestation not induced or obligatory; b) Informed: Transparency of the treatment performed and its specificities; and c) Unequivocal: Affirmative and positive action by the data subject.
The data subject’s consent is always collected prior to the installation of the cookie, so that, in the event of a refusal, they cannot be used. Thus, it has been customary to materialize the characteristics inherent to consent, when collecting Cookies, using the following methodology: 1. Cookies Policy; 2. Cookie preference management (by the holder); and 3. Cookies Banner.
Cookies Policy
This is communication by the company (similar to the “Privacy Policy”), aimed at holders who use Cookies, about (at least):
- a) Nature of Cookies used; and
- b) Purpose of the cookie;
- c) How the data subject can manage his Cookie preference (and here, read revoking his consent, in accordance with article 8, §5, LGPD); and
- d) What is the storage period of each type of cookie.
Cookie Preference Management
Availability of a tool that allows the website visitor to activate or deactivate Cookies (own or third parties) quickly, according to their preferences. The tool access icon is usually persistently visible on each web page.
In view of the characteristics that permeate the legal basis of consent, it is worth noting that the holder’s acceptance of the collection and use of Cookies must come from his/her own affirmative action, duly free and informed.
At this point, it is not necessary to provide the entire set of information provided in the “Cookies Policy”, but only the minimum necessary to understand the purpose of use of that use, providing the free choice of the data subject.
Cookies usage banner
It is a pop-up window that appears automatically and the moment the user accesses the website, which announces the use of Cookies and immediately includes links to the “Cookies Policy” and the “Cookie Management” tool. Cookies preference”.
The banner also has a) a JavaScript API that helps to prevent the prior storage of Cookies; and b) a consent cookie to remember the user’s choice.
– Essential cookies
These are a category of Cookies that guarantee the functioning of the website, whose functionalities are, for example, security, network management and accessibility.
These are Cookies that, given their essential characteristic and purpose of use, do not require the prior consent of the data subject, although they must still be included in the website’s Cookie Policy.
