Companies must compensate employees based on the LGPD

The General Data Protection Law (LGPD) applies to any personal data or sensitive personal data, even if it is data from a company’s employees.

Based on this understanding, some decisions are being made in the Labor Court sphere, so that companies can compensate employees who had their personal data exposed, based on the LGPD.

Some decisions, among others, even reverse dismissals for just cause, due to the impossibility, for example, of the employer inspecting intimate WhatsApp conversations of its employees on a private device, without authorization from the data owner, according to a ruling made by the Regional Labor Court of Rio Grande do Sul.

Therefore, periodic review of the company’s internal documents regarding the hiring and retention of employees is essential, as due care can minimize the company’s exposure to such issues.