Informative self-determination in cookie policies under LGPD

Abstract

This article explores the gap between rapid technological advancement and users' limited understanding of the responsible management of their personal information. The swift growth of corporations specializing in data analysis creates an environment conducive to the indiscriminate use of personal information, often without proper consent from the data subjects, thereby violating Brazil's General Data Protection Law. Informational self-determination emerges as a crucial element in ensuring the legitimacy of privacy agreements, enabling data subjects to make informed decisions. The focus of this research lies in assessing the legal validity of privacy terms related to cookies, highlighting the need for greater clarity in policies given the technical language and low understanding of technologies among the Brazilian population. It is concluded that the lack of clarity renders these terms legally invalid, underscoring the importance of promoting a transparent understanding of the implications of personal information usage by users.