A few days before Black Friday, Burger King chose a different strategy to promote one of its promotions focused on the most anticipated date in the consumer calendar. Known for producing guerrilla and more disruptive marketing campaigns, the brand used PIX as a promotional strategy this Monday (25), transferring R$ 0.01 to Clube BK customers. The messages highlight that, with just a few cents more, it is already possible to take advantage of special offers.
But, after all, the campaign of the restaurant chain specialized infast food, can it violate the General Data Protection Law (LGPD)? According toAlexander Coelho, partner at Godke Advogados and specialist in Digital Law and Data Protection, there are indications that the campaign may, in fact, violate the LGPD, depending on how the data was processed and the absence (or not) of specific consent.
“The most critical points are the issue of purpose, since consumers provided PIX keys for financial transactions, not for marketing. Using them for another purpose may constitute misuse of purpose. Second aspect: explicit consent for such use would be a safer legal basis. Otherwise, the use of legitimate interest would need to be very well founded in a data protection impact assessment (DPIA), which does not always happen in practice. Third point is transparency: were consumers aware and agreed that their data would be used for this campaign?”, asks the lawyer.
Coelho explains that PIX, as a payment method, was not designed for commercial communications or marketing. "However, if the data used comes from a prior legitimate relationship, such as a loyalty program or purchase history, and complies with the legal basis of legitimate interest, the company can argue that it is supported," he considered.
Practice, however, is not without risks. The use of data for purposes different from those previously informed to the data subject may be considered a purpose deviation (art. 6, I of the LGPD). The specialist also emphasizes that the use of PIX as a means of communication is a new territory and lacks specific regulation.
“Although creative, this action by Burger King falls into a gray area of the LGPD. To avoid friction, companies must align their marketing strategies with good data protection practices, ensuring that their campaigns are not only innovative but also respect the privacy of their customers. After all, the line between creative engagement and data abuse is thin and, as they say, 'to err is human, but to err with PIX can go viral'”, he concludes.
How to protect yourself?
According to lawyer Alexander Coelho, consumers can adopt the following measures when faced with campaigns with the strategy presented by the network:
- Consult the loyalty program: Check the program's terms and conditions to understand how your data may be used.
- Demand clarification: Ask the company, based on the LGPD's right to information, how the data was obtained and what were the legal bases for the processing.
- Complain to the ANPD: If you identify that your rights have been violated, you can file a complaint with the National Data Protection Authority (ANPD).
- Consent Attention: Always review the permissions granted when joining loyalty programs or promotions.
- Be careful with PIX keys: Use a less sensitive key (such as email or telephone), especially in situations involving registration on commercial platforms.
