Brazilian Senate approves the deferment of entry into force of the General Data Protection Law
To allay the effects of Covid-19 the Bill proposes that the new Law will take effect as of January, and the sanctions will start being applied in August of 2021.
Subjects
Last Friday (April 3), as an attempt to allay the effects of the COVID-19 pandemic, the Brazilian Senate approved the deferment to 2021 of the date of entry into force of the General Data Protection Law (“LGPD”) and the application of the administrative sanctions provided in the law. The LGPD is originally expected to take effect in August 2020.
The postponement is part of Bill No. 1,179 of 2020, approved this Friday, which provides the Emergency and Transitional Legal Regime for Private Law legal relations (RJET) during the COVID-19 pandemic period.
Among other provisions, the final version of the Bill postpones the entry into force of LGPD to January 1st, 2021. In addition, the Bill also establishes that the administrative sanctions introduced by the LGPD will only be applied as of August 1st, 2021.
The Bill will be forwarded to the House of Representatives’ review, which may approve the legislation in its entirety or make adjustments. If the House amends the legislation, it should return to the Senate for a new analysis. However, if the House approves the Bill as it is, it will be sent to the President for review.
For more information, visit Mattos Filho’s Data Protection and Cybersecurity practice area.