Análise da lei geral de proteção de dados e suas implicaçõesnas relações trabalhistas

Abstract

This monograph aims to address theindividual's rights to intimacy and privacy pursuant tothe Federal Constitution in light of the new regulation presented by Law No. 13,709 / 2018, in full forcesince September 18, 2020, as well as its impacts onlabor relations. For this purpose, initially, a general overview of the right to the protection of personal data will be presented, retrieving the history of the regulation of the subject and a comparison with the General Regulation on Data Protection in Europe. The adjustments to be observed by the companies for full and correct compliance with the legal provisions will be addressed, explaining the functions of the controller, operator and person in charge, as well as the rights of the data owners and therespective sanctions applicable in the event of non-compliance with the obligations issued by the Law nº 13,709 / 2018. Finally, the impacts of Law No. 13,709 / 2018 on labor relations will be analyzed, including in the area of civil liability and the burden of proof in the labor process, concluding with an analysis of the application of Law No. 13,709/ 2018 by the Labor Courts and suggestions for full compatibility with new legislative requirements