Even after the approval of Bill 1.179/2020 in a new vote by the Senate last May 19, the effective date of the General Law for Personal Data Protection (LGPD) may still change.
With the sanction of the PL by the President of the Republic, which should be decided in the coming days, the fines and sanctions of the ANPD - National Agency for Data Protection will only be applicable for infractions from August 1, 2021, but there is the possibility of rejection of this new provision, maintaining the penalties applicable from the beginning of the effectiveness of LGPD, whatever this date may be. We say this because, in the current scenario, LGPD will come into force on May 3, 2021, pursuant to Provisional Measure 959/2020. However, if the National Congress does not confirm this MP by the end of its validity, at the end of August this year, the text of LGPD prior to the MP will be back in force, i.e., the beginning of effectiveness will take place on August 16, 2020.
In summary, we have four possible scenarios, entirely dependent on the political movement of the President of the Republic and the National Congress.
In terms of legal certainty, it is important that the MP be voted by the National Congress as a matter of urgency, since this would decide the scenario of the beginning of the effectiveness of the LGPD with more room for affected individuals and entities to consider the deadlines in their compliance projects. For now, the safest thing to do is to take the most recent scenario, i.e., consider that the LGPD will fully enter into force on August 16, 2020 and seek the maximum compliance in the shortest time possible, even with so many uncertainties regarding the validity of the law and the actions of the ANPD.
Dr. Karin Klempp Franco
Luiz Fernando Plastino Andrade (CIPP/E, CIPM)
Mahyra Milani
