Provisional Measure No. 959, published in an extra edition of the Official Gazette this April 29th, determines the postponement of the entry into force of the General Law of Protection of Personal Data - LGPD to May 3rd, 2021.
The MP already has the force of law and produces immediate effects, but needs to be approved by the National Congress for the effects to be permanent. Thus, the LGPD had its entry into force delayed, but in practice this new deadline may not subsist after Congress analysis. If the House or Senate changes the content of the MP, it will be processed as a conversion bill, and if approved by Congress, the MP (or conversion bill) is sent to the President of the Republic for sanction, with the possibility of partial or full veto by the President.
We remind you that the extension of LGPD's effectiveness is also being addressed in Bill no. 1179/2020, which would determine the deadline of January 1, 2021 for the law to come into force, with administrative sanctions only effective as of August 1, 2021. As this Bill has already been approved in the Senate and is at an advanced stage of proceedings in the House of Representatives, it is too early to rely on the deadline set by the Provisional Measure.
São Paulo, April 29, 2020.
Dr. Karin Klempp Franco
Luiz Fernando Plastino Andrade (CIPP/E, CIPM)
Mahyra Milani
