What consent is and how to record it
Photo: Avila Ops Tecnologia
Under LGPD Law 13.709/2018, consent is the data subject’s free, informed, unambiguous agreement to a specific data purpose (article 5, XII). Free: no “service only if you accept promotions” blackmail. Informed: they know why. Unambiguous: a clear “yes” for that purpose, not “everything.” You bear the burden of proving it.
Small businesses commonly request too much consent and retain too little proof. They seek agreement even where unnecessary, then cannot show who accepted what. “They gave me their number” does not prove agreement to promotional blasts.
When is consent necessary?
Less often than expected. The LGPD has ten legal bases; consent is one. Delivering orders, issuing invoices, answering customer messages need no acceptance: contract performance or legal obligation applies.
Consent matters when use exceeds customer expectations. Common cases:
- WhatsApp or email promotions to one-time buyers.
- Customer photos on company Instagram.
- Health data in intake forms outside healthcare, such as salons or tattoo studios.
- Sharing contacts with commercial partners.
How do I record consent simply?
Keep three things: who, when, and why. A form with an unchecked checkbox, exact accepted wording, and date. A WhatsApp “yes, you may send promotions” is a record if the conversation is retained.
Prechecked boxes and acceptance hidden in terms do not count.
People can withdraw anytime through a free, easy procedure. If joining took one click, leaving cannot require emailing a manager.
What to do now
Separate uses requiring consent from those that do not. For the former, record dates and acceptance wording. CRM does this automatically: each contact stores when and how they joined and what they accepted; leaving takes a click. Learn how many messages become sales with consent in the same place: avilaops.com/crm-para-pequenas-empresas or WhatsApp: wa.me/5517997811471.
Frequently asked questions
Can buyers receive promotions without consent?
It depends on expectations. Order notices, yes. Other product offers: safely ask once in the first conversation and record the reply as proof.
Is verbal consent valid?
The law accepts other demonstrable expressions of will, but you must prove it. Unrecorded speech proves nothing. Ask for message confirmation.
Must I ask again when purposes change?
Yes. Consent is specific. Restock notices do not authorize partner promotions. New purpose, new request. See recording everything at avilaops.com/guias/crm-para-pequenas-empresas-com-whatsapp.
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