09/12/2020

By Leonardo Neri and Barbara Oliveira

Law 17,301/2020 was published last Wednesday (02), which prohibits pharmacies and drugstores from requiring the consumer to provide their CPF at the time of purchase without clearly informing them about any discounts or promotions granted subject to the opening of a registration or recording of personal data.

The Law applies to the entire State of São Paulo and came into force on the date of its publication.

Failure to comply with the determination subjects the establishment to the payment of a fine in the amount of 200 (two hundred) Fiscal Units of the State of São Paulo – UFESPs, which currently corresponds to R$ 5,522.00. The fine may be doubled in the event of a repeat offense.

In addition, pharmacies and drugstores must post visible notices in their establishments with the following words:REQUIRING CPF AT THE TIME OF PURCHASE THAT CONDITIONS THE GRANTING OF CERTAIN PROMOTIONS IS PROHIBITED”. The measure should enable consumers themselves to monitor compliance with legal requirements.

Law 17,301/2020's main purpose is to guarantee the protection of consumers' personal data, and is in line with the General Data Protection Law, which requires the consent of the data subject for the processing of their personal data, as well as the provision of clear and precise information about the purpose of data collection.