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Data Protection 27/08/2020
The postponement of the entry into force of Brazil’s General Law on the Protection of Personal Data (“LGPD”) is withdrawn

The Provisional Measure 959, which provided for the postponement of the entry into force of the LGPD to May 3rd, 2021, was voted by Brazilian Congress on Tuesday, August 25th. Brazilian Congress approved the conversion of the Provisional Measure into law but with an amendment altering the beginning of LGPD’s term to December 31st, 2020. When submitted to the Senate on August 26th (deadline to avoid cancellation of the Provisional Measure), the article that postponed the beginning of the LGPD’s term was deleted from the bill to convert Provisional Measure 959 into law. The basis for the exclusion of said article is that the Senate cannot deliberate again, within this year, on a matter already approved. In this sense, Senate had already considered the issue when Law 14,010/20 was passed, which, given the context of the Covid-19 pandemic, postponed the enforcement of sanctions resulting from non-compliance with the LGPD until August 2021.

In view of the voting of August 26th, 2020, and the clarification note issued on the same date by the Senate, the LGPD (Law 13,709/18) has not yet entered into force, but the expectation is that this will occur within up to 15 working days, after sanction or presidential veto of the other provisions of the bill to convert Provisional Measure 959 into law.

The legal provision that the penalties related to the LGPD shall apply as of August 2021 are still valid, without modifications.