A few days before Black Friday, Burger King chose a different strategy to promote one of its promotions aimed at the most anticipated date of the consumer calendar. Known for producing guerrilla marketing and more disruptive actions, the brand used, this Monday (25), the PIX as a marketing strategy, transferring £ 0,01 for BK Club customers. The messages highlight that, with just a few cents more, it is already possible to take advantage of the special offers
But, after all, the campaign of the restaurant chain specialized infast food, may violate the General Data Protection Law (LGPD)? According toAlexander Coelho, partner at Godke Lawyers and specialist in Digital Law and Data Protection, there are indications that the campaign may, yes, 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, once consumers provided the PIX keys for financial transactions, not for marketing. Using them for another purpose may characterize a deviation from purpose. Second aspect: explicit consent, for such use, it would be a safer legal basis. Otherwise, the use of legitimate interest would need to be well substantiated in a data protection impact assessment (DPIA), what does not always happen in practice. The third point is transparency: were consumers aware and did they agree that their data would be used for this campaign?”, question the lawyer
Coelho explains that the PIX, as a means of payment, it was not designed for commercial communications or marketing. "Meanwhile, if the data used comes from a legitimate prior relationship, like a loyalty program or purchase history, and respect the legal basis of legitimate interest, the company can argue that it is supported, pondered
The practice, meanwhile, is not free of risks. The use of data for purposes different from those previously informed to the holder may be considered a deviation from purpose. 6º, I and the LGPD. The specialist also emphasizes that the use of PIX as a means of communication is uncharted territory and lacks specific regulation
"Even if it is creative", this action by Burger King is in a gray area of the LGPD. To avoid wear, companies must align their marketing strategies with good data protection practices, ensuring that your campaigns are not only innovative, but also respect the privacy of their clients. After all, the line between creative engagement and data abuse is thin and, how do they say, to err is human, but making a mistake with PIX can be viral, concludes
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According to lawyer Alexander Coelho, consumers can adopt the following measures in response to campaigns with the strategy presented by the network
- Check the loyalty program: Review the terms and conditions of the program to understand how your data may be used
- Request clarifications: Ask the company, based on the right to information of the LGPD, how the data was obtained and what were the legal bases for the processing
- Complain to the ANPD: If they identify that there has been a violation of your rights, they can formalize a complaint with the National Data Protection Authority (ANPD)
- Attention to consent: Always review the permissions granted when joining loyalty programs or promotions
- Be careful with PIX keys: Use a less sensitive key (like email or phone), especially in situations that involve registration on commercial platforms
