Client Alert

Brazilian Data Protection Act will not have its enforceability postponed

The postponement had been approved by the House of Representatives, but was rejected by the Senate yesterday

On August 26, 2020, the Brazilian Senate rejected the proposal to postpone the enforceability of the Brazilian Data Protection Act (“LGPD”).

Such proposal was provided by Provisional Measure #959/20, which had been approved by the House of Representatives on August 25, thus postponing LGPD’s enforceability to December 31, 2020.

However, on a vote held yesterday, the Senate rejected the item that proposed the postponement of LGPD. Now, the Provisional Measure will be forwarded to the President to be sanctioned. He has a 15-business day window to complete such task. After that, LGPD’s enforceability date will be considered as of August 16, 2020.

It is important to note that the enforceability of the administrative penalties provided by LGPD had already been postponed to August 1st, 2021, by Law # 14,010/2020. This term was not modified by the latest events.

Also, Decree 10,474/2020 was published today on the Official Gazette establishing the organizational structure of the Brazilian Data Protection National Authority (“ANPD”). It is another step towards the enforcement of LGPD, since ANPD will be the body responsible for ensuring the protection of personal data in Brazil, in accordance with LGPD.

Our team is closely monitoring any measures regarding LGPD and its enforceability. For more information regarding this matter, e-mail us at dataprivacy@lickslegal.com.

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