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Brazil: Procon-MT fines Droga Raia and Drogasil BRL 572,680 for infringement of LGPD

The Protection and Consumer Defence Foundation of the State of Mato Grosso ('Procon-MT') fined, on 13 July 2021, the pharmacies Droga Raia S.A and Drogasil S.A BRL 572,680.71 (approx. €94,210) following an inspection that determined that the pharmacies had been getting authorisation from customers for the treatment and use of their data in an irregular manner.

In particular, the inspection was a result of a request from the Office of the Public Prosecutor of the State of Mato Grosso and by consumers' complaints sent to Procon-MT. Moreover, according to Procon-MT, the complaints and the inspections, under the pretext of re-registering consumers accounts to offers discounts, Drogasil and Droga Raia collected the personal and biometrics data from consumers, as well as the authorisation for the processing of these data, without providing adequate information to customers or informing them fully of what type of processing they are authorising 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'). 

Finally, the Procon-MT noted that to set the amount of this fine, the economic condition of the company's units and the mitigation of the assessed supplier was primarily considered.

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

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