Changes must be submitted by August 31 It will also be discussed jointly with the National Data Protection Authority (ANPD), the General Secretariat for Consumers (Senacon), the Federal Public Ministry (MPF) and the Administrative Council for Economic Defense (Cade).
In May, these agencies released a document recommending that the app defer the validity of an update to their terms.
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In a joint statement, Brazilian authorities said that WhatsApp indicated that it intended to comply with the recommendations by including a file “Modify Brazil’s Privacy Notice to reflect transparency practices, at levels consistent with what it already does for users in the European Union”.
NS st 1 WhatsApp asked what changes would be made and whether Brazilian users could choose not to share their data with Facebook, as happens in the European Union, but The company did not give details.
The agencies also said the app is committed to:
- Update terms about WhatsApp Business (the application’s functionality for conversations with stores and business services);
- Prepare impact reports and other documents required by the Afghan National Planning Agency.
- and developing educational materials for data owners on the safe use of the application.
This policy has been declared mandatory, with the exception of the European Union and the United Kingdom, where WhatsApp follows legislation that states that people have the right to choose whether or not to share their data.
The novelty created mistrust among the people, and competing apps such as Telegram and Signal were downloaded millions of times after the notification appeared to app users.
Faced with this resistance, the app has extended the term so that everyone has “more time to understand politics”.
The new terms are effective as of May 15, but users who do not agree can continue to use the service without restrictions.
What has changed with the new terms?
The app’s new policy states that data generated in interactions with merchant accounts, such as stores served by WhatsApp, can be used by businesses to target ads on Facebook and Instagram — networks that belong to the same company.
Among them: battery charging, cellular operator, operator signal strength, Facebook, Messenger and Instagram IDs that allow data from the same user to be crossed over the three platforms.
Risk of not respecting the LGPD
The Brazilian authorities have indicated that the new terms of WhatsApp may represent violations of the rights of personal data holders, defined by the General Data Protection Regulation (LGPD), in force since last September.
Paulo Reina, Professor of Law at the University Center of Brasilia (UniCEUB), told st 1 In May, one of the issues with the new WhatsApp policy was that users had no choice but to accept data sharing with Facebook.
“In the LGPD, a person can say whether or not they will accept each of the many types of data processing. WhatsApp does not offer that,” he said.
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The Brazilian data protection law provides for “mandatory acceptance”, but in cases where this requirement is necessary for the operation of the service.
There is no need for this treatment [de dados] For the app to continue to function, it is a commercial option for the company. Therefore, it should be a free option for customers,” stated Rina.
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