LGPD e User Experience (UX): abordagem das práticas de consentimento na utilização de cookies de navegador

Abstract

This is a study on Law nº 13.709/2018 – General Data Protection Law (LGPD) –, User Experience (UX), and their impacts on policies for obtaining consent in the use of browser cookies, of the users who hold the personal data. The research seeks to answer the following hypotheses: (H1) does the UX Design have any implications on the models for obtaining consent in the use of cookies by the controllers of the holders' personal data? (H2) Are the techniques for obtaining consent used in line with the guidelines established in the LGPD? (H3) are there alternative approaches to the most used tools for obtaining consent for the use of cookies by the holders of personal data, which best suit the requirements of the LGPD? Discussing the historical construction of the international legal framework that resulted in the establishment of the LGPD; the existing legislation in the Brazilian legal system regarding the protection of personal data; the concepts related to Computer Science linked to the research object; and the judgments of the national Superior Courts, it is intended to bring to the reflection questions that collaborate to improve the practices of obtaining consent for the use of browser cookies from data subjects, in line with the requirements attached to consent, as a legal basis stipulated by the norm: free, informed and unequivocal expression by which the holder agrees to the processing of his personal data for a specific purpose.