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Brazil: ANPD issues recommendations to government portal on cookie collection practices

The Brazilian data protection authority ('ANPD') released, on 26 May 2022, recommendations to the government on its web portal and adequacy with cookie collection practices in line with Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD'). In particular, the ANPD highlighted that it had found two points requiring adjustment in relation to the government portal's processing of personal data obtained through cookie collection. More specifically, the ANPD found that the first layer of the cookie banner provided limited information and only provided individuals with an option to accept the banner, and found that the cookie policy was generic and difficult to understand from an individual perspective.

As such, the ANPD recommended, among other things, that the government:

  • implement a button for easy viewing of cookie setting options which allows for rejecting all unnecessary cookies;
  • disable all consent-based cookies by default and operate with opt-in consent;
  • improve its cookies policy by:
    • identifying the legal basis used for cookies and using consent as the main basis with the exception of strictly necessary cookies;
    • classifying cookies into categories; and
    • obtaining specific consent dependent on the identified purposes.

You can read the press release and access the recommendations here, both only available in Portuguese.