Client Alert

Will LGPD be postponed due to the Covid-19 impact?

The COVID-19 outbreak and its economic and social impacts raises a question in Brazil: whether the country´s Data Privacy Act – LGPD, enacted on August 14, 2018 should be postponed, instead of becoming enforceable on August 16, 2020.

Bills have already been presented before the National Congress seeking to delay enforcement of the LGPD. The media - referring to the legal framework applicable during the pandemic - has been reporting that Bill #1179/2020 will likely be voted by the Senate, on Friday, April 3. If enacted, LGPD will become enforceable on August 16, 2021. The following chart summarizes the information about all pending bills.

Bill Subject Matter Sponsor Status
S. #1198,
of 2020
Postpones the enforceability of LGPD
sanctions to August 16, 2021.
Senator
Álvaro Dias
(PODEMOS)
Presented on March 31, 2020.
The bill will be submitted to
the Presiding Officer to be
distributed to specific
Committees.
S. #1179,
of 2020
Provides legal framework applicable during
the pandemic. Alters LGPD, postponing its
enforceability to August 16, 2021.
Senator
Antonio Anastasia
(PSD)
Presented on March 30, 2020.
The bill will be submitted to
the Presiding Officer to be
distributed to specific
Committees.
S. #1164,
of 2020
Postpones the enforceability of LGPD
sanctions to August 16, 2021.
Senator
Álvaro Dias
(PODEMOS)
Presented on March 30, 2020.
The bill will be submitted to
the Presiding Officer to be
distributed to specific
Committees.
S. #1027,
of 2020
Postpones LGPD enforceability
to February 16, 2022.
Senator
Otto Alencar
(PSD)
Presented on March 26, 2020.
The bill will be submitted to
the Presiding Officer to be
distributed to specific
Committees.
H.R. #6149,
of 2019
Establishes a time-based progression to the
amount of the fines provided in LGPD.
Representative
Mario Heringer
(PDT)
The bill was attached to H.R. #3420/2019, which is under
the analysis of the Committee
of Science and Technology
(CCTCI). Representative Luis
Miranda (DEM) is the current
Rapporteur.
H.R. #5762,
of 2019
Postpones LGPD enforceability
to August 15, 2022.
Representative
Carlos Bezerra
(MDB)
The bill is under the analysis
of the Committee of Justice
(CCJC). Representative
Eduardo Bismarck (PDT) was
designated Rapporteur on
November 21, 2019.

Our team is closely monitoring the mentioned bills and any other measure to postpone LGPD’s enforceability. For more information regarding this matter, e-mail us at dataprivacy@lickslegal.com.

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