On April 29, Provisional Measure No. 959/2020 (the “Act”) was extraordinarily published, delaying the entry into force of the LGPD to May 3, 2021.
The publication of the Act followed the trend of ongoing discussions aimed at the postponement of LGPD due to the COVID-19 pandemic (and its consequences) through Bills of Laws. The terms of the Act are different from those of Bill of Law No. 1179/2020 proposed by Senator Antonio Anastasia, which awaits its appreciation by the Chamber of Deputies.
The terms of the Act are already in force, but such document is subject to amendments until May 4, and any such amendment proposals will be considered by the Chamber of Deputies and the Federal Senate when voting for the approval or rejection of the Act (as the Act may also be rejected).
It is important to highlight the following possible scenarios relating to the effectiveness of the LGPD:
- The Act may be accepted by the Congress and converted into Law, postponing the entry into force of the LGPD until May 3, 2021;
- The Act may be rejected by Congress, with the maintenance of the prior effective date of 16 August 2020; and
- In parallel, Bill of Law 1179/2020 is still in progress and, if approved by the Chamber of Deputies without amendments, may postpone the effective date of the LGPD to January 1, 2021 and the effective date for the application of penalties to August 1, 2021.
Regardless of the scenario, it is important to see the postponement of the LGPD as a new opportunity to work on your privacy program to become compliant with the Law. In addition to the administrative penalties set forth in the LGPD, other authorities such as the Central Bank, the Public Prosecution Office and the Consumer Defense authorities (such as PROCON) will continue their enforcement regarding the adequate treatment of personal data, taking into account the applicable laws on the matter.
The text of the Provisional Measure is available here.