Law No. 14.010/2020 (originated from Bill No. 1.179/2020) was published on today's date and, among legal measures related to the pandemic period, amended the General Law on Personal Data Protection - LGPD to postpone the effectiveness of its administrative penalties. The fines and sanctions of the ANPD - National Agency for Data Protection will only be applicable for violations of the LGPD as of August 1, 2021.
With the new wording, the date of entry into force of the LGPD has not changed. Thus, in the current scenario, the LGPD will come into force on May 3, 2021, and its penalties will only be applicable on August 1, 2021. The civil liability of companies that fail to comply with the law will still be possible from its entry into force, for example in cases of data leaks, but the ANPD will not be able to fine them or intervene in their practices directly before this second date.
We emphasize that the entry into force of the LGPD may still change, since the new effective date - May 3, 2021 - was established by Provisional Measure (MP 959/2020) that still depends on approval in Congress. The MP is under full discussion in the National Congress, with manifestations from sectors of society and industry. If the MP is not confirmed by the National Congress by the end of August this year, becoming law, it will expire. In this case, the effective date of the LGPD will return to August 16, 2020, date of the text of the LGPD itself.
Dr. Karin Klempp Franco
Luiz Fernando Plastino Andrade (CIPP/E, CIPM)
Mahyra Milani
