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Do you usually enter your CPF number for every purchase you make daily? Stay tuned for this practice! The solicitations of the CPF number of the customers by the commercial establishments to realize any sale were the object of investigations. The public prosecutor's office and the consumer protection agencies criticize this limitless practice, which violates the privacy and the exercise of the citizen's freedom.
In this article, we will explain some frequent doubts about the requirement of CPF in trade and its relationship with However, the recent general law on data protection (Law 13709/188), which will come into force in 2020, is already mobilizing many companies that are already seeking to comply with the new rules.
It is illegal for the commercial establishment to seek the CPF. ?
No! However, the fact that a commercial establishment simply determines a discount in relation to the FCP's information, without specifying its purpose, constitutes an abuse and a violation of the Consumer Protection Code, which gives the consumer the right to obtain clear and adequate information about the product or service, that is to say, the destination of your personal data
Example of many pharmacies that requested the client's CPF at the time of purchase and then marketed the client's personal data to the health insurance companies.
Reinforcing this concern, the new General Law on Data Protection (Law 13.709 / 2018) provides that the requirement for CPF at the time of purchase
In this way, the establishment Commercial is entitled to invite the customer to participate in a loyalty program offering differentiated pricing and / or benefits as long as you previously submit your privacy policy, which will include details about the purpose of the fund's collection and whether or not you are eligible to participate. there is data processing.
Therefore, the consumer has the opportunity to inform his CPF for personal registration and subsequent participation in the loyalty program that offers a discount or benefit.
It is necessary the consent of the consumer to the privacy policy?
Yes. The prior knowledge and the authorization of the consumer are necessary for the collection of your FCP and any data processing. In the event of future data processing changes, the company must inform the data subject for a new consent.
When making an online purchase, the absence of consent to the privacy policy may give the online store the right not to provide or partially your service / product? Yes, the Internet is a data market, but it is essential to give its prior consent to the data privacy policy, which states the existence of a collection, processing and data processing. his goal.
For what forms of payment in commerce can the PCF
For Internet purchases, CPF information is mandatory as the electronic invoice will be issued and a confirmation will indicate to whom the buyer is required to deliver the product or service. In the same way, the Fund may be consulted for cases in which the purchase is made by check or term for the purpose of badyzing the financial suspension. In addition, the CPF is required to carry out sales control and tax audit.
In addition, there is a "credit rating", which is a legal business practice permitted by the law on positive registration. In such a situation, the prior consent of the consumer to be included in the system is not necessary because its purpose is not to tarnish the name or reputation of the consumer. It only aims to measure the risk badociated with the granting of a credit to a natural or legal person in relations with the consumer
The consumer can have access to his personal data?
Yes! Some laws, such as the law on access to information, the law on registration, the law on habeas data, the civil internet, as well as the law 39, Article 43 of the Consumer Protection Code, already provide for the right to protection and access to personal data. The new law on the protection of personal data (Law 13709/2018), which will enter into force in 2020, extends the preventive and punitive measures for the processing of personal information, applying to individuals and businesses. moral (private / public). [19659002] Thus, the citizen is guaranteed easy access to his personal data with companies and may even request changes and exclusions.
We hope that these tips will help you to protect your name and social security number, noting that a document of such importance should not circulate without legal criteria and without the knowledge and consent of the holder .
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