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Law No. 2, also known as the General Data Protection Law (LGPD), regulates the processing of personal data in physical and digital media. It covers all activities involving the processing of personal data and applies to individuals and legal entities under public and private law.


As the LGPD comes into force, companies are tasked with creating a data protection culture and adapting to the new rules. Compliance has become a requirement for all companies that process personal data, otherwise they will be subject to administrative and judicial sanctions.
One of the areas that has the greatest impact on a company is human resources. This is because it handles the most personal data, whether from internal employees and dependents, or from potential employees (third parties) who send Romania Mobile Number List data via resumes and/or selection processes on talent selection platforms.

In this new era of data protection, how do we reconcile the inclusion and safeguarding of LGBTQIA+ people in our companies without breaching the General Data Protection Act (LGPD)?

More than ever, human resources (HR) must adapt, if not adapt, to the creation of new data-handling processes, especially when it comes to hiring LGBTQIA+ employees. Additionally, they must be careful to welcome and retain these individuals as employees after signing an employment contract.

Under the General Data Protection Act, sex life (which may include data on sexual orientation and gender identity) is considered sensitive data (Article 5(2) LGPD) and therefore, if collected and used inappropriately, may exacerbate vulnerability discrimination and Impact on data subjects.

In the case of these affirmative actions (when collecting sensitive data), in order for the processing to be carried out in accordance with the legislation, the data subject as a potential collaborator must give consent to the contracting company for this specific processing of your personal data. Furthermore, transparency must be maintained about the technical and administrative security measures taken to protect this information.

Many companies, especially startups, implement these affirmative actions in their internal policies, which is positive discrimination. Pursuing corporate diversity is a legal practice designed to promote a diverse work environment that benefits the company, its employees, and the community.



Once LGBTQIA+ employees are hired, through affirmative action, their personal data related to their sexual lives must be processed and protected by the company so that it is not discriminatory, biased, illegal or abusive. When implementing an adaptation plan, companies have a responsibility to map their HR areas and implement security measures to protect this information.

May 17 marks the date homosexuality was removed from the International Classification of Diseases (ICD) list, World Day to Combat Homophobia. The date became a symbol of the fight against prejudice and violence against lesbian, gay, transgender, queer, intersex, asexual people and in support of sexual diversity. May 17 aims to raise awareness of violence, discrimination and repression of the LGBTQIA+ community, not only in Brazil, but around the world. This date also allows for reflection on how to act and discuss the issue from the perspective of protecting this data.

Therefore, promoting the inclusion and advocacy of LGBTQIA+ people among company employees needs to be approached with caution. In addition to the security measures that must be implemented, all processing activities must be carried out by trained recruiters, appropriate systems are used to store this information securely and obviously, the data subject must be clearly informed of all processing of your data, in particular If your sensitive data is processed for affirmative action purposes. Such processing must always be carried out in good faith, respecting the principles set out in Article 6 of the LGPD, in particular Section 9, which deals with the impossibility of processing for unlawful or abusive discriminatory purposes.

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