Effectiveness of LGPD sanctions postponed to August 1st, 2021

Law # 14,010/20, which establishes transitional rules for private law relationships during the COVID-19 pandemic, was published today. It postpones the effective date of articles 52, 53, and 54 of the Brazilian General Data Protection Law (LGPD) to August 1st, 2021. These articles establish administrative sanctions that may be applied by the Brazilian Data Protection Authority (ANPD) in the event of violation of the LGPD.

Today, the effective date of the LGPD is divided as follows:

Even though the effective date of sanctions has been defined, there is still insecurity related to the effective date of the substantial part of the LGPD. Provisional Measure (PM) # 959/20, which postponed the effective date of the LGPD to May 3, 2021 (except for articles related to the creation of the ANPD and the Brazilian Council for the Protection of Personal Data and Privacy), still needs be reviewed by the Brazilian Congress, which should occur by August 26, 2020.

The Brazilian Congress may approve, amend or reject the Provisional Measure. The effectiveness of the LGPD will then be as follows:

Perspectives

• When discussing the Bill of Law that gave rise to Law # 14,010/20, the Brazilian Senate suggested it would allow PM # 959/20 to expire. In that case, the LGPD would come into effect on August 16, 2020.
   
• On June 10, entities representing employers of virtually all sectors in Brazil (Confederações Nacionais) submitted a letter to the House of Representatives supporting postponement of the effective date of the LGPD.

We are following this matter closely and will inform new developments in due course. Our Technology and Data Protection team is available to assist you.