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Brazil: Court fines Cyrela BRR 10,000 for unlawful data sharing under LGPD
The Court of Justice of São Paulo ('the Court') issued, on 29 September 2020, its decision in Case No. 1080233-94.2019.8.26.0100, whereby it ruled that Cyrela Brazil Realty S/A Empreendimentos e Participações had to pay a fine of BRR 10,000 (approx. €1,500) for sharing customer data unlawfully, in violation of 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 Court noted that the case was brought to the Court by a customer who had bought property from Cyrela and, after the transaction, started to receive commercial messages from partners of Cyrela. The Court highlighted that sharing personal data of the customer with third parties was unlawful, as it was not provided for in the terms of the contract signed by the two parties, and the customer was not informed for other potential uses of his personal data. Finally, the Court ruled that, among others, Articles 2 and 6(I) of the LGPD were violated, and ordered Cyrela to pay BRR 10,000 (approx. €1,500) for the moral damage of the data subject and to refrain from transferring or providing to third parties personal, financial, or sensitive data under penalty of BRR 300 (approx. €45).
You can read the decision, only available in Portuguese, here.
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