On the evening of Tuesday, the 19th, the Brazilian Federal Senate approved the implementation of the General Data Protection Law (LGPD) in August of this year. Bill 1.179/20 establishes the Emergency and Transitional Legal Regime for private law legal relations during the coronavirus pandemic. Its influence also extends to the LGPD, which had previously had its effective date postponed to January 1, 2021.
With a change in the draft text, the General Data Protection Law should... to take effect on August 14, 2020However, their sanctions They remain extended and should be applied from August de 2021.
However, the senators' decision does not yet definitively resolve the issue. Provisional Measure 959/2020, which changes the LGPD's effective date to 2021, is still awaiting approval in the Chamber of Deputies. Its approval would conflict with the Senate's decision, but if it is rejected or expires, the current effective date will remain in effect. August this year.
There are still possibilities for members of Congress to set new deadlines for the Law, which will depend on the rapporteur of the Provisional Measure, who has not yet been appointed. Senator Simone Tebet (MDB-MS) explains the situation.
“The amendment approved in the Senate stipulated two deadlines; administrative sanctions would be valid from August 1, 2021. This issue has been resolved because the rapporteur in the Chamber maintained the deadline in this aspect. And that is the deadline that remains valid. As for the date the Law comes into effect, the substitute approved in the Chamber maintained the date of August 14, 2020, but with the possibility of the postponement of Provisional Measure 959 taking effect, since we have a Provisional Measure that postpones the entry into force to May 3, 2021.”
While we wait.
With its approval by a majority in both the Chamber of Deputies and the Senate, it demonstrates the support of the National Congress for the law to come into effect this year, especially given the emphasis on the law's importance in combating fake news.
"If the senators who want to help combat 'fake news'—something important, after all, we are in an election year, we are in the midst of a pandemic—it should be in effect now," declared the PDT leader.
We are now awaiting presidential approval, as well as the creation of the National Data Protection Authority, without which the LGPD (Brazilian General Data Protection Law) cannot be fully implemented. Following these decisions, questions remain regarding the law's compliance. With the effective date returning to August of this year, how much does this impact your timeline? The company is prepared. For compliance?
