The Minas Gerais Court of Justice overturned a ruling that had dismissed a consumer's lawsuit challenging contractual clauses against Banco Santander. The plaintiff contested the validity of a clause in a banking contract that allowed the sharing of her personal data without specific prominence and without offering the option to refuse. The court recognized the abusive nature of the clause and struck it down.
The court found that the clause violated Articles 7 and 8 of Brazil's General Data Protection Law (LGPD), which require specific and highlighted consent for the processing of personal data. It also noted that the Consumer Protection Code (CDC) was breached, as the clause disregarded the principles of transparency and trust that are fundamental in consumer relations.
Precedents from the Superior Court of Justice (STJ) were cited to reinforce the understanding of the abusive nature of contractual clauses that do not allow consumers to refuse the sharing of their personal data. The ruling stressed that a supplier's duty to inform includes the obligation to give consumers the opportunity to express clear and specific consent.
On these grounds, the court granted the appeal, voiding the challenged clause and ordering Banco Santander to pay court costs and attorney's fees set at 10% of the claim's value.
This post was summarized from the original ruling using ChatGPT version 4.0, with human review.
TJMG/AC n. 5002526-51.2024.8.13.0105