Marco Civil da Internet: it can affect your company and you don’t even know it yet


In this post, we will help your company to adapt to the Marco Civil da Internet, highlighting a relevant aspect of the new legislation: data privacy.

The Marco Civil da Internet regulation came into effect on June 10, 2016. Have you ever stopped to think about how it impacts your life and your business?

If you’re not even sure what it is, don’t worry, this post is just to help you in this task and highlight a relevant aspect of the new legislation: data privacy.

Marco Civil da Internet, introduce yourself!

Law 12.965, better known as Marco Civil da Internet, is the result of more than four years of discussion to establish rules, rights and duties in the Brazilian virtual environment. The text, considered a pioneer in the world, treats freedom of expression, protection of privacy and the establishment of net neutrality as basic principles of the internet.

Even though it was sanctioned in 2014, only now, two years later, the Marco Civil da Internet started to be regulated after decree 8.771/2016 was signed.

Okay, but what do I need to know about the Marco Civil da Internet?

We’ll explain it to you now, but before we go any further, it is important to clarify some concepts that are covered by this legislation.

  • Connection providers are the ones that provide internet connections. Examples of these are telephone companies.
  • An Internet application provider is the one that provides a set of functionalities that can be accessed through a terminal connected to the internet. In other words, the online services you use, such as email, blogs, portals, social networks, and data hosting services, are application providers. This means that your company’s website can also be considered an application provider.

Ready! Now we can understand the main themes of the Marco Civil da Internet:

  • Neutrality: in this context, Law 12.965 prohibits fixed or mobile internet operators from distinguishing between one website and another, guaranteeing the user equal access and speed treatment to all web pages.
  • Oversight: to ensure the application of the new rules, some bodies have specific responsibilities. Anatel and the National Consumer Secretariat carry out the investigation of infringements. The Internet Steering Committee is responsible for providing periodic studies to point out recommendations, norms and standards on net neutrality and the protection of registration and personal data.
  • Privacy: one of the most controversial topics about the new Law, as it requires providers to guarantee the inviolability of user information through technical resources such as the encryption of this information and the consent, by the visitor, in the transfer thereof.

And how can I guarantee privacy on my website?

There are several techniques to ensure the confidentiality of information, but in this post we want to focus on simple documents, which are often left out by companies: the Privacy Policy and the Terms of Use.

Your site does not necessarily need to have both, but having at least one of them is essential to transmit security to your visitors and ensure the rights and duties in the exchange of data.

These documents must contain clear and complete information, with details on the protection regime for connection records and Internet application access records. It is also worth paying attention to other aspects involving privacy:

  • Consent: express acceptance of the collection, use, storage and processing of personal data is a mandatory item that must be highlighted in the Privacy Policy. This means that, before collecting any information, your website visitor must be fully aware of how their data will be treated.
  • Purpose limitation: this is a differential of the Marco Civil da Internet, since it determines that the data collected can only be used for the purposes that motivated its capture. These reasons need to be detailed in the Privacy Policy or in the Terms of Use.
  • Sharing data with third parties: it is forbidden to provide personal data to third parties. This means that, in order to transfer personal data and electronic records to another internet application provider other than your website, the user must be aware of this practice and authorize it. At this point, what prevails again is transparency between the parties.

At Resultados Digitais, the concern with the confidentiality of data and Leads bases in RD Station is constant. Therefore, everything is developed in an encrypted and restricted way so that no customer can access another customer’s information, or that it can be shared with third parties without prior consent.

  • Cookies: a very common resource on the internet to track the paths taken by users on websites and online services. However, what we often see in the market are companies using cookies without the visitor knowing of their existence.

RD Station uses cookies to record the information that is displayed in Lead Tracking. In light of this, we stress the importance of creating and maintaining a Privacy Policy.

All these points also serve to generate credibility among your website visitors. In our other post, you can better understand this trust-building and how it helps in converting your Leads.

My website does not have a Privacy Policy. What can happen?

The Privacy Policy and the Terms of Use, which were previously created without any legal basis, must now comply with the Marco Civil da Internet.

Otherwise, regulatory agencies may apply anything from a warning to a maximum fine of 10% of your billing in the last fiscal year.

Let’s go: it’s time to build your Privacy Policy

If your website, blog or online store does not yet have a Privacy Policy and you were concerned about what we said above, we will help you with this task.

Carefully read this post and find out how to build an effective Privacy Policy.

Final tip: before sharing, you must protect

Here on the blog, we’ve talked several times about the importance of generating Leads without irritating your visitors, but when it comes to data security and privacy, it’s worth emphasizing that as important as generating relevant and adherent material for your personas is ensuring that the information your visitor forwards to you in exchange for content are in fact protected.

There are still many uncertainties about the Marco Civil da Internet, that’s why we are always studying and going deeper into the subject. If you would like to share your questions with us, please feel free to post your comments below.

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Bonus: 8 things you need to know about the Marco Civil da Internet regulation

Above, we focused on a very important aspect that can directly affect your company: the privacy policy and terms of use.

However, the text of the Marco Civil da Internet is long and goes beyond these aspects. To complement the post, we publish below a series of 8 cards produced by Pinhão and Koffman Advogados with answers to frequently asked questions about the subject.

Check out!