[BETA] Tools available for requesting Retroactive Consent

What would you like to know?

• What is consent, according to the LGPD?
• How to request Retroactive Consent
• Which leads require Retroactive Consent

In August 2020, Brazil's General Data Protection Law (LGPD) will enter into force. With some exceptions and specific details, the law basically states that your lead is the one that determines whether or not their data can be processed by your company.

In other words, you need the lead's consent to include them in Marketing Automation campaigns, for example, as well as their communication consent in order to continue sending emails to that person.

What is consent, according to the LGPD?

Consent, according to Brazil's General Data Protection Law (LGPD), is when the data subject (the person about whom conversion data refers, for example) is questioned and agrees, explicitly and unequivocally, that their data can be used by companies or public bodies for marketing campaigns and offers of products and services, whether free or paid.

So this means that, when the new law comes into force, the real owner of personal data is the identifiable individual and not the companies or databases. Therefore, Inbound Marketing strategies will need to adapt to the LGPD, respecting the wishes of each lead.

And how do you know if leads in your base want to continue receiving your emails and offers? For this, until the law comes into effect, you can use the Retroactive Consent Button. See more details in the following topic.

How to request Retroactive Consent

To help your company during this adaptation period, we have made available a set of tools in RD Station Marketing to collect Retroactive Consent, including:

• Consent button in the Email editors.
• Email Templates.
• Pop-up Template.
• Landing Page Template.

You will need to include in your marketing strategies some ways to request this consent in order to continue processing the data of your leads and send emails normally through our platform. 

When creating your Emails, just use the Consent Button so that leads can consent to have their data processed and to receive communications with just one click.

To help you, when choosing your Email template, we have separated some templates designed specifically for the Brazilian LGPD in the Recommended tab, as shown below:

In addition to Emails, you can also collect consent in other ways. As the law will soon come into effect, we suggest you add a Retroactive Consent collection Pop-up to your pages.

Alternatively, you can also create campaigns that direct your leads to a Landing Page. You can create a social media campaign with a CTA that takes the lead to a retroactive consent Landing Page.

Which leads require Retroactive Consent

Before talking about which leads require Retroactive Consent, you need to understand a little more about Legal Bases. 

• What is a Legal Basis?

Legal Bases are the legal foundations authorizing your company to collect, store and process the personal data of your leads.

Brazil's General Data Protection Law (LGPD) enters into force in Brazil in August, 2020. Until this date, a Legal Basis is not required, but you can already begin to adapt your strategy.

• Why do I need a Legal Basis?

The main Data Protection Laws establish that for any person, whether natural or legal, to engage in activities related to the processing of personal data—whether collecting, transmitting or processing—a Legal Basis is required. That is, a legal foundation authorizing the processing of data.

When the LGPD comes into effect, processing personal data without a Legal Basis will be considered an illegal practice in Brazil.

• Can I use the same Legal Basis for both processing data and sending communications?

Yes, it is possible to use the same Legal Basis for both cases, as long as the lead has given their permission to have their data processed and to receive communications in the same way and at the same time.

Therefore, according to Brazil's LGPD, there must be a Legal Basis to process the data of, and send communications to, every lead. In relation to Legal Bases, consent is only one of them.

Thus, you can say that any and all leads must have a Legal Basis registered within RD Station Marketing.

For older leads, i.e. those already part of your company's Lead Base, Retroactive Consent is a great way to get this authorization quickly, ethically and professionally.