It has been reported that online gambling operators and gambling affiliates are o update their compliance and privacy policies following the announcement of a new data privacy law in Brazil.
The privacy law; Lei Geral de Proteção de Dados, or LGPD for short, is expected to come in to force on the 16th August 2020 and will apply to companies, including gambling firms such as legal poker rooms and sports betting firms operating in Brazil regardless of whether they are based in the country or not.
At present, online gambling is not yet legal in Brazil, though local residents to the nation do gamble online by using operators outside of the country. Therefore, any operator processing the data of Brazilian residents will be required to adhere to the new policy and privacy law.
Reportedly, the Brazilian Data Protection Authority is yet to establish the final details and companies will be keeping a close eye on the legislation nearer the announced date to ensure compliance.
Any companies or affiliates that are operating within the Brazilian betting and gaming market who feel they will be affected by the changes are recommended to liaise with a legal advisor to determine LGPD compliance.
What can gambling operators expect from LGPD?
This Law provides for the processing of personal data, including in digital media, by a natural person or a legal person under public or private law, in order to protect the fundamental rights of freedom and privacy and the free development of personality of the person. The general rules contained in this Law are of national interest and must be observed by the Union, States, Federal District and Municipalities.
In 2018, Brazil passed this new data protection law and it is being labelled similar to GDPR in Europe, whereby personal data can include many categories that identify a natural person. Operators are expected to provide individuals with a number of rights when accessing online and mobile websites, including: confirmation of the existence of processing, access to the data, correct inaccurate or out of date data and ability to block or delete unnecessary data among others.