With the LGPD (General Data Protection Law) , WhatsApp messages are even more restricted.
Candidates who send WhatsApp and SMS messages without prior and explicit authorization from users in elections will be subject to the LGPD, which has been in force since September of this year.
So far, no legal action has been filed by candidates or parties, but it is necessary to be very careful about this so as not to harm your campaign, as dozens of complaints about mass shootings have already been sent to the court, according to the Court.
It is worth remembering that sending mass messages can generate a fine ranging from R$5,000 to R$30,000 for candidates , or also an amount equivalent to twice the amount spent, if the maximum limit is exceeded.
Although the law has already come into force, until then companies bahrain mobile database can only be punished in the civil sphere, that is, when a citizen files a lawsuit for irregular use of their personal data, for example.
Administrative penalties for this misuse should only occur from August 2021, but the Electoral Court may, before that, assess illegal acts in accordance with the rules defined by the TSE (Superior Electoral Court).
Database marketing
Even though Brazilian law does not treat mass shootings as a crime, the commercialization of databases is prohibited for electoral campaign purposes.
Propaganda during election period
WhatsApp cannot be used to send advertising to users without their consent. In order to receive campaign material, the user must have previously authorized the sending of such material.
Under no circumstances should WhatsApp be used for propaganda on election day.
Be aware that the use of WhatsApp as a marketing tool for politicians is a very recent phenomenon. As it is an area that is constantly changing, legislation can change at any time and you need to be aware of updates to both the application and the laws that govern it.