28 Oct ANPD releases orientative guide about cookies and personal data protection
By Fabio Vieira and Eduarda Mourad
Last week, the National Data Protection Authority (“ANPD”) released the Orientative Guide entitled “Cookies and Personal Data Protection” (“Guide“), in order to provide an overview of the topic, to guide processing agents about good practices on this matter and to keep data subjects informed of their rights
To achieve these goals, the Guide introduced some important definitions:
(i) What are Cookies?
Cookies are files placed in a user’s device that allow the collection of certain information, including, in some situations, personal data, in order to fulfill a number of purposes such as the proper and safe functioning of electronic pages and enabling the offer of services in the digital environment;
(ii) Classification of Cookies according to the entity responsible for their management
There are the Internal/Private Cookies and Third-Party Cookies;
(iii) Classification of Cookies regardind their necessity
They are divided into Necessary Cookies and Non-Necessary Cookies;
(iv) Classification of Cookies according to the purpose of collection
They can be classified as Analytical/Performance Cookies, Functionality Cookies and Advertising Cookies;
(v) Classification of Cookies according to the retention period of the information
These are Session/Temporary Cookies and Persistent Cookies;
The definitions are educational and provide simple and clear explanations for everyone to understand, whether they are professionals in this field or not.
The Guide also presented a series of best practice recommendations, including:
(i) The need to ensure transparency to users regarding the use of Cookies;
(ii) guidelines and prerogatives to be observed by processing agents during the development of Cookies policies; and
(ii) the availability of a banner in the digital space informing, in a simple and summarized way, about the cookies that will be used.
The availability of this Guide is of great importance for the data subject and for the processing agents, because, besides introducing definitions that were not mentioned in the Brazilian General Data Protection Law (“LGPD”), such as the concept of cookies and their division into different categories, it provides key recommendations to ensure greater protection of personal data in digital environments and raise awareness of all those who lack knowledge on the matter and, consequently, are unaware of their rights.
The Guide is open to comments and contributions from society – suggestions can be sent to the ANPD Support, through the Platform Fala.BR.
This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener & Vieira Advogados.
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