As the LGPD Turns - Brazilian Senate Rejects Postponement of Effective Date of LGPD

Blog post Elena Lovoy 2020-08-27

The Portugese phrase “fala sério,” pronounced as fah-lah seh-dee-oh, means “you’re kidding,” “you’re joking,” or “no way.” It aptly describes most responses to the recent turn of events in Brazil.

In April 2020, President Bolsonaro issued a provisional measure postponing the effective date of Brazil’s comprehensive general data protection law, Lei Geral de Proteção de Dados (LGPD), until May 3, 2021. For the provisional measure to remain in effect, it needed to be approved by the Brazilian Congress on or before August 26, 2020.

The Brazilian Senate voted on August 26, 2020 to reject any further postponement of the LGPD. This was an unexpected reversal of the decision in the House of Representatives only one day earlier to extend the effective date of the LGPD to December 31, 2020.

The Senate’s proposal will now be sent to the President for veto or approval within 15 days of receipt. If approved, the LGPD will become effective and will likely be retroactive to August 16, 2020, the date the LGPD was originally to come into force prior to the enactment of the provisional measure.

In related news, the President issued a decree creating the new Brazilian Data Protection Authority (DPA) as of August 27, 2020. The DPA will be authorized to apply the administrative sanctions established in the LGPD as of August 1, 2021.

Unless President Bolsonaro vetoes the Senate’s proposal, the industry can close the books on this privacy novela. Any further delays in the effective date of the LGPD are unlikely and August 1, 2021 will be here before you know it. As a reminder, the LGPD creates a new legal framework for the use of personal data processed on or related to individuals in Brazil, regardless of where the data processor is located. The LGPD also applies to organizations that intend to offer goods or services to individuals in Brazil. If your company is subject to the LGPD, it is time to turn the page and begin implementing an LGPD compliance program.

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