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Brazil: ANPD publishes guidelines on WhatsApp's new privacy policy

The Brazilian data protection authority ('ANPD') published, on 14 May 2021, its official guidelines No. 02/2021/CGTP/ANPD on WhatsApp LLC's new privacy policy to Brazil as a result of the previous recommendations to Facebook, Inc. and WhatsApp on the same matters made jointly by the ANPD, the Administrative Council for Economic Defence ('Cade'), the Federal Public Ministry ('MPF'), and the National Consumer Secretariat ('Senacon'). In particular, the ANPD initiated an administrative process and a technical evaluation of the new privacy policy released by WhatsApp, focusing on the transparency of the information disclosed and the guarantee of the rights of data subjects under the 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').

Furthermore, the ANPD asked that WhatsApp refrain from restricting users' access to the application's functionality if they do not agree to the new policy. However, the ANPD noted that WhatsApp ensured that there will be no restrictions on the use of the application as of 15 May 2021, even though the user has not agreed to the changes in the privacy policy. 

Lastly, the guidelines mentions topics such as:

  • the main changes made to the privacy policy of WhatsApp;
  • what does not change for the user;
  • what will happen if the user does not accept the new terms of service;
  • what information the LGPD requires to be made available to users of the application;
  • how the data subject rights provided for in the LGPD can be exercised; and
  • how to submit a complaint to WhatsApp or contact the ANPD.

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