Provisional Presidential Decree postpones the entry into force of the Brazilian GPDR

​On April 29, the President issued Provisional Presidential Decree No. 959, which postpones the date of entry into force of Law No. 13,709/2018 (Brazilian Data Protection Law – “LGPD”).  The LGPD was originally expected to take effect in August 2020.

Among other provisions, the Provisional Presidential Decree (PD) No. 959 establishes that the LGPD will enter into force on May 3, 2021.

The PD depends on approval by the National Congress. Nevertheless, the Senate and the House of Representatives approved a new proceeding to simplify the processing of Provisional Presidential Decrees during the coronavirus pandemic. The act signed by the two Houses reduces the processing time to 16 days, exempts the appreciation by a Joint Committee and establishes the voting by remote Plenary sessions. However, the period of validity of the PD’s remains 60 days, renewable once, for the same period.

If the House of Representatives and the Senate are unable to vote on an PD within 16 days, it is up to the President of the National Congress to decide whether the validity of the matter should be extended.

At the same time, a Bill that postpones the entry into force of the LGPD to January 2021 and establishes that the sanctions could only be applied from August 2021 was approved by the Senate and is currently being analyzed by the House of Representatives.

The definition of the date on which the LGPD will enter into force will depend on which legislation will be approved first: the PD No. 959 or the Bill from the Federal Senate.