By Heloísa Matias
In an increasingly connected environment, where the circulation of personal information is constant, concern for privacy and data protection has become central to business decisions. For organizations that handle data from customers, employees, and partners, contracts have become an essential tool for governance and credibility.
In the context of the General Data Protection Law (LGPD), contracts involving the processing of personal information must reflect principles such as purpose, necessity, transparency, and security. Each privacy clause functions as a concrete commitment that data processing will be carried out ethically, clearly, and responsibly.
The first critical issue is defining roles and responsibilities. The contract must indicate who is the controller (who decides on the processing to be carried out) and who is the processor (who executes it), describing precisely what data will be processed, for what purpose, for how long, and based on what legal basis: whether consent, legitimate interest, or regulatory obligation. The absence of these definitions can generate ambiguous interpretations and disputes over liability, especially in situations involving security incidents.
In contracts with suppliers and partners, even greater attention must be paid. It is essential that the service provider commits to adopting appropriate technical and administrative measures, following the controller's instructions, and cooperating in responding to requests from data subjects or the National Data Protection Agency (ANPD). When there is international data transfer, the contract must include the instruments required by the ANPD, such as standard contractual clauses (SCCs), detailing the destination countries and the guarantees offered to protect the information.
Well-drafted privacy clauses also need to include information security obligations, providing for access control mechanisms, encryption, incident response, and periodic audits. It is equally important to ensure that data subjects can exercise their rights of access, correction, and erasure, and that the operator collaborates with the controller in these processes. Another essential point is the fate of the data after the termination of the contract: it must be specified whether it will be deleted, anonymized, or retained under legal justification.
But data protection doesn't end with the signing. Contract management is an ongoing activity that involves periodic reviews, compliance monitoring, and updating clauses according to technological or regulatory changes. Companies mature in data governance map the flow of information between partners, require compliance reports, and maintain documentary records that prove the adoption of best practices. The LGPD (Brazilian General Data Protection Law) requires not only compliance, but the ability to demonstrate it, through the principle of... accountability.
The most common challenges arise precisely when there are flaws in this management: contracts lacking clarity regarding roles, poorly documented international transfers, uncontrolled subprocessors, and generic clauses about security incidents. These vulnerabilities can translate into regulatory, financial, and reputational risks, especially in sectors that depend on data to operate and innovate.
Ultimately, including strong privacy clauses in contracts is not just a legal requirement, but an act of corporate responsibility. By doing so, companies build more transparent relationships, reduce risks, and strengthen the trust of their customers and partners.
Heloísa Matias is the DPO of ABES – the Brazilian Association of Software Companies.
Notice: The opinion presented in this article is the responsibility of its author and not of ABES - Brazilian Association of Software Companies
Article originally published on the It Portal website: https://itportal.com.br/contratos-e-privacidade-de-dados-o-elo-entre-confianca-e-conformidade/
