This Friday, September 18, President Jair Bolsonaro signed the Conversion Bill 34/2020, originated from Provisional Measure 959/2020. Thus, the Brazilian General Data Protection Law (“LGPD”) officially comes into force, becoming immediately effective.
However, the sanctions established in the LGPD will only be applied from August 2021, as established by Law 14.010/2020. Although the regimental structure of the National Data Protection Authority (“ANPD”) has been approved by Decree 10.474/2020, the members of the ANPD (and specially its President) are still to be appointed.
It is important to note that, as of today, in view of the effectiveness of the LGPD, and regardless of the fact that the specific administrative penalties are not yet in effect, nothing prevents the application of other sanctions already available in our legal system in the case of improper processing of personal data, as well as the right of the data subjects to access the courts of law in case they understand that their rights are not being observed.