14 Oct SAC x Brazilian General Data Protection Law
By Gabriela Tchalian and Daniel Salgado
In 2021, the Plenary of the National Consumer Protection Council approved the provisional text of the new Customer Service Decree (“SAC”).
The reformulation of the legislation regulating the service comes, mainly, due to the high number of consumer complaints, the growing digital transformation, and the consequent needs of the current consumer.
In the current scenario, the main needs of the consumers consist of practicality, agility, and autonomy to solve their problems, which, in most cases, does not occur and the service ends up being, in fact, ineffective and tiring.
Therefore, the new Decree seeks the resolution and digitization of the SAC through measures such as:
(i) expansion of service platforms;
(ii) guarantee of privacy and security;
(iii) implementation of tools to monitor the effectiveness of the service; and so on.
From another perspective, the Brazilian General Data Protection Law (“LGPD”) approved in 2018, aims at ensuring the consent of the data subject, the security and transparency for the use of personal data in different spheres.
Since, in order to provide its service, the SAC makes use of a variety of personal data from its customers, a link is established between the SAC and the LGPD, which began to regulate and monitor the use of such data and, when violated, punish.
The data collected for the services provided via SAC, whatever the modality, are very relevant and its misuse or leakage can put the data subject rights at risk, thus going against the LGPD.
In this regard, with the population at a disadvantage, the new SAC decree brings predictions that go hand in hand with the LGPD in order to protect consumers while effectively meeting their needs.
The monitoring of the SAC will be carried out by the National Consumer Secretariat (“SENACON”), which recently established a Technical Cooperation Agreement with the National Data Protection Authority (“ANPD”), the supervisory body of the LGPD.
The population is increasingly aware of its rights and these new legislations have become a major milestone for the preservation of privacy, personal data and dignity. This is the new reality, and those who do not fit in, tend to stay behind in this new universe.
The preliminary draft of the new SAC Decree can be fully accessed here.
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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