The Brazilian Data Protection Law – LGPD should become effective as of the sanction of Provisional Measure (MP) nº 959/2020 by the President, in 15 days. The sanctions, however, will only be effective as of August, 2021.
The LGPD was expected to be in force on August 16th, 2020, however, due to the coronavirus pandemic, intense discussions about its effective date took place. MP 959/2020 established the postponement for May, 2021. Finally, the text of the MP was changed, and approved by the House of Representatives, extending the effective date until December 31, 2020.
This Wednesday (26), the Senate approved this MP with the suppression of article 4, which provided for the postponement of the effects of the LGPC, maintaining, however, the extension in relation to administrative sanctions. The text now is submitted to the President for his sanctioning, which, according to the Federal Constitution, should occur in no more than 15 days. Only after the President’s approval the LGPD will come into force.
Patrícia Perinazzo C. Medeiros is a lawyer in the intellectual property and data protection area at PNST Advogados.
