The LGPD for real estate is already a reality. In fact, the General Data Protection Act doesn’t just apply to real estate companies. But yes, for all websites and companies that capture user information over the internet. Therefore, it is essential that your real estate website meets the standards to avoid fines and punishments.
Of course, this type of situation always appears to “balance the structures” of a marketing strategy that is already underway. But actually, this doesn’t have to happen. That’s why it’s important that you understand what you can, what you can’t, and what you need to put into practice as soon as possible.
This is not a legal text, which aims to provide some type of advice on current legislation. The information contained here is for an informational and summarized basis only, in order to make you have a general idea about what the LGPD for real estate companies is all about.
To access the full Article of Law No. 13.709, of August 14, 2018, click here.
LGPD for Real Estate – What is it?
First of all, we need to understand what the LGPD for real estate companies is. In short, this is a law that entered into force in September 2020 and that, in essence, aims to protect the data of internet users.
LGPD stands for General Data Protection Law. It encompasses several concepts and criteria that must be taken into account when putting up a real estate website or any digital marketing strategy.
LGPD is responsible for offering the common user the chance to have access to the data he “leaves” on the internet. In other words, for each registration made on a website or for each email left on any newsletter page, the user will have the right to know what happens to their data entered there.
Companies that do not comply with the process are subject to fines of up to 2% of their annual revenue, as punishment for non-compliance with the Law.
Therefore, it is very important that you not only familiarize yourself with this Law but also seek to understand more about it in official sources, such as the full text of the article on the Planalto website.
As with all the Laws that come into effect, it is common for people to think that it will not “get it”. And this is a very big mistake since it is already possible to apply the fines for non-compliance with the rules established in Article 13.709 of August 14, 2018.
In other words, it is already an obligation to adapt the LGPD for real estate companies and no longer just a recommendation. Read on to better understand what to do and what not to do.
What are the main rules of the LGPD – General Data Protection Law – that your real estate agency needs to follow?
Don’t think you’re alone or alone in this. Your real estate will not be the only one affected by the LGPD, since this is a General Law and it encompasses any commercial or economic activity on the internet.
In other words, if you use your website simply to receive a potential customer or prospect, know that they will have the right to know how their personal data will be treated.
But what can you do, in practice, to fit in?
The truth is that all terms are still too broad and subjective. There are still many things to be explained in a legal way to understand who, in fact, needs to understand: website owners and internet companies.
For example, the LGPD does not yet have guidelines on the use of the legal bases stipulated in the Article of Law.
Thus, there is still awaiting the creation of an agency that can seriously and professionally oversee the capture and use of data on the internet. This agency will be called: ANPD – National Data Protection Agency.
But don’t think that due to the current non-existence of the Agency, fines will not occur, ok? There are also other sources for requesting the application of the Law. After all, it is already in force.
In summary, Lahore Smart City has separated four important topics that must be taken into account when interpreting what the Law says. See below:
- All data and information collection needs to be notified to the user – and he needs to accept;
- The user needs to have the right to know what kind of information about him your company is using;
- You need to provide the possibility for the user to correct, remove or change data;
- The user needs to be able to transfer his data to another player in the market;
We’ll talk about each of the points from now on so you can understand better. Keep reading.
All data and information collection needs to be notified to the user – and he needs to accept
This is perhaps the most important variant of the LGPD for real estate companies. After all, the Law deals with the personal information of internet users.
And in short, they will need to be warned that your site will be capturing some types of data while browsing the pages.
And, in addition to being warned, he needs to accept that this happens. If he denies it, the site will not be able to capture the browsing data.
This message may appear once or maybe renewed from month to month, depending on the system you are using. And the system, of course, needs to allow or block data capture by the website, depending on the response of the customer or potential customer.
In addition, it is essential that you give the user the option to accept the registration of the email or any other contact, in newsletter pages or landing pages.
If you invite the user to download an ebook, you will need to create a field that states your intention to continue communicating with them over time.
In short, any action to capture information for commercial or informational purposes must be fully informed to the user. He needs to know everything and, of course, he needs to agree or disagree with that.
The user needs to have the right to know what kind of information your company is using
Another very important point of the LGPD for real estate companies is the question of knowledge on the part of the user, about what a certain company does or does not do with his personal data.
Furthermore, it is the user’s right to know what kind of data the site is collecting.
For example, if you capture cookies on your real estate website to run Google Ads remarketing campaigns, the user needs to know that this happens.
That is, he needs to be informed that you then track his browsing and that he can use this data to advertise at another time.
In general, the information that the user provides is not just name, e-mail, city or telephone number. This information, of course, also enters into the Law.
But in addition to them, the most sensitive information, such as browsing data, are also part of a notice of consent or non-use by the user.
Therefore, it is essential that you adapt to the availability of information to the user about what data you use and for what purposes you will use it.
You need to offer the possibility for the user to correct, remove or change data
Another regulation that the LGPD for real estate brings to websites and companies on the internet is the issue of the possibility of the user to do what he wants with his own data.
In other words, he will need to have access to the data being used, may request removal, adjustments, corrections or may request anonymity.
This is a way of offering the customer or potential customer complete management of all the data they leave on the site, in all ways: via filling out forms and registrations or via browsing cookies, which explore the behavior and tracking of each access.
In short, you cannot capture user data and simply “disappear” with it and use it in a “hidden” manner.
The captured data must be available to its real owner so that he can manage and carry out the management he deems most appropriate, see the situations mentioned above.
A practical example of this is the following: imagine that you capture a user’s email to send email marketing. Now, imagine that this user wants to unsubscribe from this list.
So, you need to have a button on every email so that he can do it whenever he wants to. Or, you need to provide a link so that he can handle the data any way he wants – including requesting a permanent deletion from his database or cloud.
The user needs to be able to transfer their data to another player in the market
And finally, the user must also be able to transfer the data he left on his real estate website to another database – read market player.
In other words, if your prospect no longer wants his data to be stored with his real estate agency, he can not only ask for all the data but also request their portability to another company.
So, it is important that your data and information storage system offers an option to export specific information when necessary and requested by the user so that he can take this data and take it to another company.
What are the benefits of LGPD for your real estate marketing?
LGPD for real estate agents arrives to change some market practices.
But, most of the changes will be for a constant, progressive and long-term improvement in what we know today as digital marketing for real estate companies.
Many situations applied by the Law can very effectively help your real estate company to sell more, as long as everything is done correctly.
To help you understand the benefits of the LGPD, we have separated four topics below. Look:
- More trust and credibility for users;
- Greater connection and engagement with your real estate’s target audience and persona;
- A greater effort to maintain only connections and information relevant to your real estate;
- More focus and professionalism to digital marketing – Which can bring great results in the medium and long term;
We’ll talk about each of them from now on so that you can reconcile business with pleasure in this period of adjustment. Come on?
More trust and credibility for users
LGPD will deliver much more trust and credibility to internet users. After all, they will feel much more protected, as they will be supported by a General Data Protection Law.
In other words, this ends up keeping malicious people or companies away from digital marketing. And, of course, this creates a better dress for the market in general.
Greater connection and engagement with your real estate’s target audience and persona
When a person agrees to offer personal data to their company, once the LGPD is in force, it means that it will be possible to generate much more empathy and engagement.
In other words, people who are willing to give up their own data will be much more succinct in closing deals, because they are really interested in what you have to offer.
A greater effort to maintain only connections and information relevant to your real estate
This benefit is equal to the previous benefit, as only people who have a real interest in your real estate product or service will be in your database, even if they know about the LGPD.
And this is fantastic because remember that quality is better than quantity. If your prospect base is 100 people and 1 buys, it’s better than having a base of 1 million people and only 1 buy.