By Victoria Goldenfum and Layon Lopes*
The document structure was created to effectively preclude contractual conditions’ discussions. Other great examples of adhesion contracts are the ones used in the banking segment by the financial institutions, which do not allow the regular customer to discuss or negotiate the contract clauses.
Regarding the data protection regulation for apps, the entrepreneur must promote with emphasis and clarity, what will be the data processing operation used, especially if the data collected is to be considered as the personal data category, the one that identifies a natural person.
Personal data are protected by a special Brazilian legislation, called the LGPD (General Data Protection Law, as translated from Portuguese). The LGPD is similar to the European and American personal data protection laws.
Among the required prerequisites for obtaining a valid personal data processing authorization are, for example: the necessity of expressing a clear and transparent description of the personal data processing purpose, that is, for what purposes the personal data is to be processed, who will be the company’s suppliers that will, eventually, have contact with the personal data collected through the platform; and for how long the personal data will be processed.
Therefore, it is of great importance that the application developer seeks strategic legal advice to carry out the construction of these documents, according to their operation and according to the type of data that will be processed through the app’s use.
* Layon Lopes is the CEO of Silva | Lopes and Victoria Goldenfum is a member of the Silva | Lopes team.