A coleta de dados pessoais pelo marketing digital: conflito entre direito à privacidade e liberdade econômica

Abstract

This paper is about the evolution of technology to gathering consumers data to easy up the movement of digital marketing. Thus, a conflict is observed between fundamental norms, namely the right to privacy, and economic freedom. The paper, in its content, raises a debate regarding the Law No. 13,709/2018 scheduled to entering in force in May/2021, aimed at assure effective protection of Brazilians’ Personal data. Such law is based on the European Union General Data Protection Regulation, whose content raised the need for other countries to adapt to it, in order to guarantee the continuity of data sharing between countries. After the issuing of this norm, the personal data of Brazilian citizens gained a greater notoriety, which requires even more care, upon the frequent collision among the fundamental rights abovementioned.