Risk or trust and safety?

Legal guidelines when addressing digital fraud in Brazil

Abstract

The paper examines the legal mechanisms that support the fight against the growing issue of digital fraud in Brazil, also exploring how data controllers respond to prevent and investigate such fraud under the national General Data Protection Law. Through an exploratory methodology and deductive and inductive interpretation techniques, it was possible to present a normative definition of fraud, its legal characteristics, and implications in Brazilian law. Based on this, the study distinguishes the work of the emerging area of Trust and Safety in companies, which aims to protect users and ensure their safe use of digital platforms, from the traditional area of risk management, which focuses on safeguarding corporate assets. Furthermore, the research discusses the importance of applying the appropriate legal basis for processing personal data, including sensitive data, in combating fraud, which may vary depending on the nature of the team handling the specific case. This research contributes to the legal field by proposing an integrated analysis of legislative application and the business practices and needs in combating digital fraud in Brazil.