On August 26, 2020, the Brazilian Senate rejected an alteration made to Article 4 of Provisional Measure 959/20 — an alteration intended to postpone the effective date of the General Data Protection Law (“LGPD”) until December 31, 2020. Following the removal of Article 4 — and many months of uncertainty — the LGPD’s effective date now reverts to the originally scheduled date of August 16, 2020. The date for enforcement of fines and penalties remains as August 1, 2021, having previously been postponed by Law No. 14.010.
Although the original effective date has already passed, the LGPD will only come into effect following the formal presidential sanction, which will take place within the next 15 business days. However, retroactive application of the LGPD from August 16, 2020 is a possibility should Congress pass a Decree to regulate this period.
The LGPD is the first general data protection law in Latin America to be modeled after the European Union’s General Data Protection Regulation (“GDPR”). Like the GDPR, the LGPD sets forth several legal bases for the processing of personal data. Although the LGPD is scheduled to take effect soon, the National Data Protection Authority (“ANPD”) responsible for the law’s enforcement has not yet been fully established by the Federal government. However, this week, President Jair Bolsonaro issued Decree No. 10.474 (published August 27) approving the regulatory structure and organizational framework of the ANPD, highlighting the now greater pressure on the executive to provide a functioning data protection authority.