Law firms collect and store a huge amount of sensitive information. To carry out their activities, lawyers collect personal data, sensitive business secrets and financial information from clients. It is crucial that this data is protected in accordance with the guidelines established by the LGPD, thus guaranteeing the security and privacy of the information. LGPD is crucial for lawyers.
Thus, the LGPD applies to all companies that handle the personal data of Brazilians, regardless of size or sector. Companies that are already compliant have a competitive advantage and greater credibility. When it comes to law firms, this protection is even more important. Therefore, this material addresses the importance of LGPD for lawyers and the best practices to keep the office in compliance with the legislation.
Introduction to LGPD for lawyers
As we said previously, the introduction of the LGPD for law firms is a priority. This business segment deals with confidential information on a daily basis , and it is the responsibility of its managers to adopt practices and resources that help protect this information in the best possible way. There has always been a commitment to professional secrecy, both in the defense of each client and in the exercise of the legal profession.
LGPD confidentiality goes beyond traditional professional secrecy, covering the protection of physical information and the processing of personal data in the lawyer's activities.
In this sense, there are protocols and strategies that can help increase protection and bring even more guarantees to customers. In other words, the LGPD establishes protocols and methodologies to increase information security and guarantee the protection of data subjects.
The General Data Protection Law came into force in Brazil to ensure that companies treat personal data safely and responsibly. Therefore, in law firms, where confidentiality and data protection are essential due to the sensitive nature of the information processed, implementing and complying with this legislation represents not only a significant challenge, but also a unique opportunity to stand out in the field. Marketplace . This requires the adaptation of internal processes and the awareness of professionals about the importance of protecting customer data in accordance with the LGPD.
Importance of information security for law firms
Thus, over the years, new technologies were developed that allowed tasks to be carried out in a more simplified way. An example of this is the use of the internet to carry out daily tasks, as well as storing information in the cloud.
In other words, all these changes have made data protection essential for law firms that deal with this information. After the implementation of the LGPD, it was consolidated that information security is crucial to maintaining the continuity of activities , guaranteeing the integrity, confidentiality and availability of information.
Therefore, law firms must consider information security crucial due to the highly confidential nature of the data that professionals deal with on a daily basis. They often have access to clients' trade secrets, sensitive personal information, and other sensitive data that require strict protection. After all, confidentiality between lawyers and clients, regulated by the OAB Code of Ethics, protects privacy and sustains trust in the lawyer-client relationship.
Preventing data leakage is crucial to protecting customers and preserving the company's image in the market. According to research carried out by the Massachusetts Institute of Technology (MIT) in 2023, there was a 493% increase in data leaks in the country, demonstrating how companies need to focus on protecting information.
According to a report by the American Bar Association (ABA) , around 29% of law firms reported some type of cybersecurity breach in 2023. Therefore, the adoption of robust cybersecurity policies, use of firewalls , use of advanced encryption and employee training are just some of the strategies that can help increase protection in this business segment.
Security best practices for lawyers
For law firms to ensure compliance with the LGPD , it is necessary to adopt robust and well-structured cybersecurity practices. Measures such as multifactor authentication, use of VPN to establish more secure remote connections and the implementation of access policies are fundamental in this process.
In addition, it is also necessary to carry out regular security audits so that possible points of vulnerability are identified and addressed. Thus, resources are developed to facilitate business operations, while cybercriminals create strategies to collect and use information in harmful ways.
The code of ethics of the Brazilian Bar Association determines that it is the lawyer's role to maintain confidentiality regarding the data and facts that are reported in the exercise of their profession . Therefore, information leaks can harm operations and facilitate scam attempts, such as extortion.
Differences between the LGPD and other data protection legislation
A pioneer in the country, the General Data Protection Law consists of a series of methodologies, process protocols that must be followed to maintain the security of information within companies. Due to this, when compared to other data protection legislation, such as the General Data Protection Regulation , the LGPD addresses a more specific definition regarding the classification of personal data and their respective importance.
While the GDPR addresses security broadly, the LGPD offers specific guidelines on the quality and appropriate treatment of information by organizations.
As well, both legislations share fundamental and indispensable principles, such as the holder's consent to data collection, obligation to notify security breaches, transparency in the use of information, among other aspects.
Both texts have the main objective of guaranteeing the rights of information holders and helping companies to protect this data effectively.
LGPD for lawyers
Given the delicate nature of the information used by lawyers, the LGPD can be a valuable ally. With the General Data Protection Law, transparency has become a fundamental principle, promoting the secure processing of personal data by organizations.
Contrary to what was thought when the LGPD was published, this legislation is not just aimed at large companies. The growth of cyber attacks has demonstrated that even smaller companies are also subject to this type of action.
Therefore, it is crucial that all law firms comply with these regulations to protect confidential information.
What is LGPD?
As we have seen throughout this article, the General Data Protection Law is legislation developed to bring regulation to the processing of personal information by public and private entities. In other words, this law provides clearer guidelines on how to collect, store and use information, ensuring greater protection for individuals' privacy.
With regard to law firms, the LGPD raises great concern regarding the need to adopt more rigorous practices to protect this confidential data, strengthening not only consumer credibility and trust, as well as protecting the company's image in the market.
What changed with the implementation of the LGPD for lawyers?
Given the great impact that this legislation had on companies, it was necessary to adopt strategies that would help protect information more effectively. In the case of law firms, it was essential to review and adjust their internal processes so that they comply with the legislation.
This involves creating privacy policies, reviewing contracts and adopting consent terms for the collection and use of personal information. Furthermore, it is also essential to designate a data protection officer (DPO) to carry out supervision and ensure compliance with the LGPD.
Although, at first, this entire implementation was a real challenge, these changes brought major improvements to the processing of information, protecting your customers and consumers against the actions of unauthorized users.
LGPD guide applied to law firms
Therefore, faced with this immense need to adapt and improve processes, the Brazilian Bar Association made available a guide specifically developed to guide law firms in implementing the Law . This guide provides fundamental data and guidelines on how lawyers should adapt their practices and processes to the requirements imposed by law, from defining roles and responsibilities, to developing a more consolidated security policy
Based on this guide, lawyers are able to implement and continually evolve a culture of integrity and protection of the right to confidentiality of information holders. Thus, transparency emerges as a fundamental principle for the processing of information , dealing with care and attention with all data collected and used by lawyers.
This guide was designed and developed by the Special Privacy and Data Protection Commission, also with the support of the Digital Law Commission. Thus, the objective of this work is to provide professionals in the field with structural conditions for awareness, awareness and application of the General Data Protection Law.
Legal and regulatory impacts of the LGPD on law firms
The LGPD brought a major regulatory impact to law firms by addressing the collection and use of personal information in a specific way. Due to the advent of legislation, it was necessary for law firms to establish a more comprehensive review of personal data management practices , then proceeding with the necessary changes to adapt to the terms of the Law.
Thus, all these changes caused offices to modify the way they collect, store and process data, including starting with the authorization of collection.
Furthermore, it was also necessary to document all tasks related to the use of this personal data, followed by the implementation of security measures to deal with requests from the respective information holders . This means that data subjects can have access, proceed with corrections and also request the deletion of confidential information.
8 steps to implementing the LGPD for lawyers
Law firms must base and develop the entire LGPD implementation process based on the terms of the Law. In this sense, it is essential to pay attention to some necessary steps, established based on the guide created by the OAB:
1. Definition of DPO
The data protection officer, or DPO (Data Protection Officer) is a professional who acts as a communication channel between the company, information holders and the National Data Protection Agency . Furthermore, this representative has fundamental functions within data protection.
Ideal DPO profile for law firm
Taking into account that the data protection officer plays a fundamental role in the implementation of the LGPD within law firms, it is necessary to choose a representative who presents a compatible profile. This means that this person in charge must have not only the legal knowledge to carry out the tasks, but also skills in information security management and compliance.
In this sense, the DPO needs to exercise autonomy and independence to establish monitoring of LGPD compliance within the law firm. He also needs to have the technical capacity to be able to deal with issues related to data protection.
Main duties and responsibilities of the DPO
The DPO is responsible for overseeing compliance with legislation, guiding employees, improving processes and managing risks related to information protection. For this to be possible, the DPO must establish periodic privacy impact assessments , develop internal protection policies and function as a point of contact for regulatory authorities and information holders.
Therefore, in the process of implementing the LGPD, the DPO is also responsible for promoting awareness about the importance of the LGPD and information security, through training and capacity building.
2. Adoption of control mechanisms
For the LGPD to be fully implemented, the adoption of more efficient and robust control mechanisms is essential . Including the implementation of access control, continuous monitoring, data encryption and the use of advanced threat solutions.
Therefore, adopting the right technology can help the law firm to establish a more appropriate management and control process, avoiding indiscriminate access to personal information. It is essential that only authorized users can view sensitive data and that it is protected in the best possible way.
3. Data protection and information security regulations
The development and implementation of internal regulations to establish guidelines for the protection of information security data is a very important step in adapting to the LGPD. Through these regulations, it is possible to address important topics, such as data classification, collection procedures, data storage and sharing procedures.
It is crucial to establish comprehensive policies that cover the collection and secure disposal of data to be fully compliant with the GDPR. Therefore, periodic risk assessments also help to regularly update the system and bring possible improvements to the operational environment.
4. Active communication channel
This communication channel must be developed with a focus on allowing employees, consumers or other interested parties to report possible security incidents, clarify doubts or submit requests regarding their rights. Therefore, this channel must be accessible, confidential and secure, in order to provide more consolidated protection of privacy issues.
For this channel, a representative must be designated responsible for receiving and processing requests, ensuring maximum confidentiality in communications.
5. Employee awareness campaign
Raising employee awareness is an essential process for the implementation of LGPD to be successful within your law firm. To achieve this, it is necessary to promote educational campaigns on policies and procedures, establish specific training on the LGPD and also disseminate regular newsletters.
This entire process is important for employees to understand the need to adopt a more preventive stance when it comes to preventing data leaks and misuse of information and also understand why a data protection culture is so important for the company. The more prepared they are to safely handle the information collected, the lower the risk of cyber incidents and data leaks.
6. LGPD adequacy in existing contracts
Considering that the LGPD is relatively new legislation, it is possible that existing contracts are not covered by the changes brought by the legislation. For this reason, it is a requirement of the LGPD to review and adapt existing contracts so that they are aligned with new information protection strategies.
Therefore, it is possible to update this by including clauses on the processing of personal data, consent and the rights of individuals holding the data. It is also essential to establish procedures for updating and renewing these contracts, with the aim of ensuring that they are all in compliance with the law.
7. Creation of a preventive action plan against incidents
The incident action plan is used to minimize the risks of data breaches and encourage a more effective response in the event of a security incident. This means that law firms must develop and implement these procedures in detail, ensuring efficient detection, evaluation and response.
The action plan must include immediate communication to holders and authorities, as required by the LGPD. Incident simulations are essential to test and improve the plan, identifying vulnerabilities. simulations are essential for testing the action plan, allowing improvements to be developed and vulnerabilities to be addressed.
Internal communication strategies to raise awareness about LGPD
Along with this action plan, internal communication strategies must also be established so that employees stay informed about the LGPD rules. Workshops and lectures can help employees better understand the legislation in practice.
Developing informative materials and including content about the Law during the onboarding of new employees helps ensure a continuous and comprehensive educational process.
8. Definition of data protection policy in compliance with LGPD for law firm
The data protection policy used by the company must comply with the LGPD to be able to guarantee all the benefits that the law brings. This policy must contain guidelines on the processing of personal data, as well as its collection and use.
In addition, the policy must also include procedures for managing the consent of information subjects, responding to requests and implementing periodic assessments for compliance. This policy can help strengthen the company's image and ensure that there is a serious commitment to the privacy and security of the data collected from customers.
Examples of successful LGPD implementations in law firms
The successful implementation of the LGPD prevents the exposure of the company's name related to security incidents. This means that the objective is precisely this, to prevent the company from having its image impacted in the market due to inadequate processing of information.
Due to the confidential nature of legal activity, it is practically impossible to find public examples of successful implementation of the LGPD. But it is possible to find professional services companies and companies from other segments that have managed to implement the LGPD and guarantee all the benefits that this legislation can bring.
Lessons learned and best practices from other offices
Several law firms have adopted innovative measures to bring compliance and protection of personal data. There are examples in the market of offices that implemented the consent management system , which allowed clients to have more assertive control over their information.
The implementation of training programs was crucial to emphasize the importance of information security and compliance with the Law. Collaboration between multidisciplinary teams was also fundamental to the success of this adaptation.
Data protection policy template for lawyers
A data protection policy is indispensable for law firms that want to ensure compliance with the Law. An data protection policy template must be based on the needs and requirements of the company, effectively aligning with the legislation .
This involves defining responsibilities, procedures for collecting, storing, sharing information, and guidelines for incident management .
This document must be transparent and accessible to all employees, in addition to undergoing a continuous review process so that it maintains its effectiveness . The data protection policy for lawyers ensures legal compliance and increases client trust in the company.
The data protection policy for lawyers is not only an essential document, but a guarantee of security and legal compliance for the firm. We have developed a “Sensitive Data Protection Policy in compliance with LGPD” model to strengthen your law firm’s information security. Click here and download the template for free.
Challenges of implementing the LGPD in law firms
Although it is legislation that came to help and provide more security for information holders, the LGPD also brought with it some challenges in its implementation. We must understand that for many years we established processes in a specific way, and suddenly it was necessary to rethink these strategies.
Since the beginning of its validity, the need to build a paradigm shift and implement a more efficient privacy governance policy has become evident. The existence of multidimensional flows within the routine of law firms also brought a major challenge in adapting processes.
Importance of LGPD in everyday life
In the daily life of a law firm, activities such as process analysis, petitions, consultations, meetings and hearings require careful data processing. To this end, the offices adopted procedures and tools to ensure the protection and privacy of this information , without these changes affecting their daily lives.
All of these processes implemented in the office routine must be strengthened, especially in dynamics that can create vulnerabilities. For example, partnerships between lawyers and external professionals can increase the risk of inappropriate information exposure.
Hiring external labor required offices to make adjustments to contracts and take additional care when handling data by third parties.
These changes have made the LGPD an essential part of the daily routine of this sector, increasing attention to data confidentiality and strengthening its image in the market.
All information used by the law firm must be collected based on stronger data processing, considering the principle of transparency, purpose and necessity . It is important to remember that the LGPD imposes severe sanctions in case of non-compliance, leading law firms to develop robust programs to ensure compliance.
Cultural and behavior change challenges
One of the main factors that make implementing the LGPD in law firms a challenge is related to the office culture. Although data processing activities and processes have been carried out in a different way for many years, it became necessary to transform these processes to guarantee consumer safety.
Establishing cultural and behavioral change within law firms was a complex challenge. Many professionals are accustomed to an informal approach to data protection, which may not meet the requirements of legislation. It is the company's responsibility to establish that all data processing processes are documented and justified , ensuring their protection and compliance.
Technological adaptation and systems updating
For this entire adaptation process to occur as expected, it was necessary to adopt technologies to increase data protection. Related to this, it was necessary to invest in technological adaptation and system updates within law firms , as a way of ensuring that data is away from access by unauthorized users.
To adopt and use technology, it was also necessary to implement periodic assessments to identify vulnerabilities and maintain constant updates to the information security policy. The more adapted the office is in relation to the technologies used, the easier it will be to ensure compliance with the LGPD.
We need to understand that it is the law firm's objective to protect the interests of its clients and maintain its consolidated image in the market.
Risk management and continuous compliance assessment
The LGPD text required companies to adopt a proactive approach to risk management and continuous assessment of compliance. And this is no different within law firms, which needed to adopt a process of constant identification and analysis of potential vulnerabilities.
As technology is always evolving, organizations need to constantly update their management practices to meet protection standards. Risk management not only refers to cybersecurity strategies, but also to the ethical, legal and operational aspects of data processing. For this reason, employee training and qualification is a fundamental step for companies that wish to remain in compliance with the LGPD.
The implementation of the LGPD is an important milestone for law firms, bringing benefits after a rigorous adaptation process. In addition to reinforcing the protection of personal information used by the company, the LGPD also encourages a culture of transparency and responsibility in this sector.
Although the challenges are diverse, behavioral changes, adoption of tools and investment in technology can bring a huge opportunity for innovation and differentiation within the market . This allows offices to stand out for their excellence in protecting information, strengthening relationships with customers and improving their image and trust in the market.
