Advertising via electronic messaging (messaging applications)

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According to a 2021 survey by Sebrae and Fundação Getúlio Vargas (FGV), only 23% of entrepreneurs have sales websites. In Brazil, WhatsApp is the preferred method for online sales for 84%, followed by Instagram (54%) and Facebook (51%). There are more than 5 million “WhatsApp Business” accounts in the country, where more than 175 million people exchange messages with companies daily and almost 15 million access company catalogs on the app.  

If approved with the text consolidated by the rapporteur, the bill could impact small and medium-sized companies that use the application to promote themselves, since messaging services will be required to limit the forwarding of messages to multiple recipients.

Likewise, the bill foresees that WhatsApp and other gambling data singapore messaging applications limit the use of broadcast lists to identified users who are, at the same time, on the contact lists of senders and recipients.

User profiling
One of the main debates raised by PL 2630 is about the functioning of user “profiling”, that is, the processing of data that classifies people into groups or profiles, directing them according to their behavior, their propensity to consume or any other objective parameter.

One of the points on this topic included in the text presented to the plenary by the bill's rapporteur was the obligation of platforms to enable the display of content without selection by profiling. In other words, platforms would be required to create accessible mechanisms so that users can choose a form of display that is not subject to what is known in digital marketing as “targeting”.

Another obligation present in the rapporteur's text is the provision of information on the history of advertising content with which the account has had contact in the last six months, detailing information regarding the criteria and procedures used for each case and requiring transparency for the criteria and procedures used for profiling users.