LGPD in digital marketing: email and cookies
Digital marketing relies on data, and the LGPD introduced rules on how to collect and use it. Understanding consent, cookies, and email marketing helps structure safer campaigns.
What the LGPD requires of marketing
The General Data Protection Law establishes that the processing of personal data requires a legal basis and must respect principles such as purpose and transparency. In marketing, this usually affects everything from acquiring contacts to sending out campaigns.
Consent and other legal bases
Consent is one of the legal bases provided for, but not the only one. In certain contexts, so-called legitimate interest may be invoked, always subject to careful analysis. The appropriate basis depends on the purpose and the type of data processed.
Email marketing
When sending commercial communications, it is generally advisable to be clear about the origin of the contacts and to offer a simple way to unsubscribe. Keeping a record of how the data was obtained can help demonstrate compliance.
Cookies and tracking
- Clearly inform the visitor about the use of cookies
- Distinguish essential cookies from marketing cookies
- Allow users to manage their preferences where applicable
- Document decisions about the collection and use of browsing data
Compliance best practices
Keeping an accessible privacy policy, recording the legal bases used, and periodically reviewing practices tend to be useful steps. Adequacy, however, depends on the size of the operation and the volume of data processed.
Frequently asked questions
Do I need consent to send email marketing?
Consent is not always the only possible basis, but it is highly relevant in this context. In general, it is prudent to be clear about the origin of the contacts and to offer an unsubscribe option.
Does every website need a cookie notice?
Websites that use cookies beyond what is strictly necessary usually inform the user and, where applicable, allow preferences to be managed. The exact need depends on the type of cookie and its purpose.
Need guidance on this topic?
This article is informational. For guidance on your specific case, talk to our team.