Segurança e transparência no uso de dados de clientes de bancos digitais no Brasil

Abstract

The work “Security and Transparency in the Use of Customer Data from Digital Banks in Brazil” makes an initial presentation about the main aspects related to the General Data Protection Law (Law nº 13.709 / 2018), under the bias of legal security, with practical options for compliance with data processing in Brazil. The present study aims to analyze the legal requirements brought by the Law to financial services companies, especially digital banks, in order to guarantee the security of the data information of its users. The research contributes to the identification of procedures that aim to protect fundamental rights of freedom and privacy in the collection and storage of data. In addition, the work also demonstrates the evolution of the financial market, with the emergence of new technology-based companies (Fintechs) and their growth at the national level, as well as the importance of data, digital transformation, the 4.0 revolution, with its disruptive new technologies. The research was elaborated through the combination of two research methods, the descriptive and the research, characterized as a bibliographic research, for collecting data in the online search engines, books and scientific journals with approach on the topic. In this context, the challenges and perspectives that will bring about a true technological revolution for the financial services sector are exposed, offering innovative digital services. Finally, this dissertation makes a comparison between the LGPD and the Banking Secrecy Law (Complementary Law nº 105/2001) analyzing the issues that are relevant between these two legal provisions. In addition, this work has the objective of drawing up an ideal Term of Use Agreement and Privacy Policy, for financial services fintechs (digital banks). It was possible to draw some important conclusions, with the beginning of the use of Open Banking and the “new” Positive Registration Law, and the emergence of security rules imposed by BACEN regarding the preservation and treatment of data.