Lei nº 13.709/2018 e a proteção de dados pessoais no âmbito do e-commerce

Abstract

The impact of the General Data Protection Law (LGPD) on electronic commerce, especially regarding the personal data processing, require a deep study on the subject by law students and professionals. The General Data Protection Law is a piece of legislation that seeks to regulate personal data protection in Brazil and its objective is to reconcile economic and scientific progress and the fundamental rights of freedom and privacy. In turn, e-commerce can be defined as a branch of commercial activity in which transactions take place through electronic equipment and which uses the personal data of consumers to create its growth strategy. In this sense, the present undergraduate thesis aimed to demonstrate that General Data Protection Law represented a paradigm shift in e-commerce’s data protection, as well to highlight the significance of privacy and freedom towards the data subject in the context of commercial transactions that take place in a virtual environment. Therefore, this thesis used the inductive and deductive research method, through legal and historical study. In this sense, it sought, at first, to discuss the historical origins of the right to privacy and its place in contemporaneity. Then, it dealt with the personal data protection as an aspect of the right to privacy and the role of the data subject’s consent. Finally, it sought to address electronic commerce as a symbol of the informational society in the face of the General Data Protection Law, in order to find ways to harmonize the economic development provided by e-commerce and the fair treatment of the subject’s personal data, in accordance with legal and constitutional standards.