10/1/2020
Based on the brazilian General Data Protection Law – “LGPD”, whose provisions came into force on September 18, the jugde of the 13th Civil Court of São Paulo ordered the construction company to pay indemnity for moral damages, due the violation of personal rights.
The plaintiff claimed that he signed a contract for the purchase of an apartment in a real property development and that the construction company shared his personal data with companies outside the contract without authorization or consent.
As a result, the plaintiff started to receive contacts from financial institutions, architeture companies, consortium, offering services and products.
The judge considered that the damages suffered by the plaintiff was proven, making It clear the improper sharing of personal data.
In addition, the judge recognized that the liability of the construction company is objective, considering the applications of the Consumer Protection Law – “CDC”.
The indemnity for moral damages was set at R$10,000.00.
Author: Ricardo Castro Ramos
