Publications

ANPD publishes guidance on cookies and personal data protection

October 31, 2022

By: Leonardo Neri

On a recent occasion, the ANPD published a document with instructions to data controllers, as well as examples of good practices, with an educational bias, seeking to clarify the rights and duties of agents regarding the processing of cookies.

In a clear and cohesive manner, the material covered the rights and duties of the agents involved in the processing of cookies, as well as their conceptualization and types, also establishing the general principles that guide the LGPD.

Furthermore, Director Miriam Wimmer understands that “The cookie guide provides important guidance for the adaptation of data processing agents to the provisions of the LGPD. The objective is to promote the culture of personal data protection in the digital environment, encouraging the adoption of transparent practices that ensure greater understanding and control by data subjects over the use of their personal data.”  

In short, cookies are understood as files installed on a user's device, which allow the collection of certain information, including personal data.

Cookies are a useful mechanism with numerous purposes, and can be used to identify users, enable online payments, display advertisements or measure the effectiveness of a website, etc. In other words, they provide access to various data, which must respect the principles and rights entitled to data protection regulated by the LGPD.

Therefore, considering the importance of cookies, it was necessary to prepare this guide, with the aim of addressing technical and conceptual points about the LGPD rules, and the data to be observed when using them on websites.

The purpose of this guide was to provide data processing agents with instruction on the subject, so that they can act in a clear manner, with the aim of building a relationship of trust with the data subject, in accordance with the rules established in the LGPD.

Finally, it is worth noting that this guide does not exempt processing agents from complying with the other precepts of the LGPD, so that everyone must comply with the rules, aiming to preserve the rights of the holders.

For more information on the topic, as well as on mappings to comply with LGPD standards, contact the partner responsible for the data protection team, Leonardo Neri.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

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