Responsabilidades do inbound marketing à luz da LGPD: limiar entre conveniência e abuso do uso de dados pessoais

Abstract

The General Data Protection Law (LGPD) emerged with the aim of protecting millions of Brazilians who, by accessing the internet daily, tacitly shared their information with several e-commerce companies. In this context, this research sought to demarcate the inherent limits of collecting and using this personal data in the marketing strategy called inbound marketing, in the face of the convenience that the user seeks when sharing information. To do so, the current scenario of proposed marketing campaigns was analyzed, with a brief historical overview, aiming to point out the shift in perspective that now values user personal information as a fundamental element for the success of any e-commerce company, creating a new commodity. Taking into account the impact of the pandemic on the migration of thousands of companies to the online scenario, often without knowledge of the legal implications that poorly designed data collection campaigns can entail, this research also analyzed the means used for data collection and storage, observing the guarantee of protection of collected personal or sensitive information through regulation of access and encryption that makes them unidentifiable. The countless existing methods of data storage and their administrators were also addressed. Finally, the civil liability for the misuse, intentional or negligent, of data maintenance and leakage was examined, as well as its legal implications, which may result in consumer compensation. The main objective of this paper is to point out the possible advantages and disadvantages of providing data through inbound marketing campaigns by e-commerce companies, considering that sharing information can generate greater ease in finding what is sought online, as well as financial advantages at the time of acquisition. It also evaluates the risks involved in making this concession, as well as the legal obligations and implications in light of the legal system. In contrast, it points out the appropriate way that e-commerce companies can follow using this method, which can generate positive results in the user-company interaction in the e-commerce context. Through bibliographic research and hypothetical-deductive, partially inductive method, it was found that despite the assumptions of the Civil Code and the Consumer Protection Code, the advent of the LGPD made the punishability factor for infractions in terms of the limits of protection of personal data clearer. The user's mandatory agreement also directed the customer's attention to the not-so-evident deviations of purposes to which their information is subjected for questionable ends. However, despite existing legal security, there are still numerous problems faced in the face of a series of scandals involving leaks, sharing, manipulation, sales, and unauthorized access to these databases. In addition, in the face of the massive use of the inbound marketing method, individualized supervision becomes unfeasible, to the point that many complaints come from users, starting an era of cooperation in which the internet loses the stigma of a "lawless land," thus highlighting the importance of this topic for legal science. [resumo fornecido pelo autor]