(i) Entry into force of the LGPD:
Beginning of LGDP:
The General Law on Personal Data Protection - LGPD (Law No. 13.709/2018) returned to its original effective date of August 16, 2020, a decision that will be consolidated with the Presidential sanction of the Conversion Law Project - PLV (arising from the partial approval of Provisional Measure No. 959/2020), which should occur by September 17.
Understand the Legislative Context:
During the MP vote on August 26th by the Federal Senate, the extension of the LGPD was cancelled, after a unanimous vote for the withdrawal of article 4 of the Provisional Measure Conversion Bill.
The basis of this understanding was the fact that the issue was prejudiced because the postponement of LGPD had already been voted on - and rejected - earlier this year.
It is worth noting that this decision contradicted that of the previous day, of the House of Representatives, which postponed the entry into force of the LGPD until the end of 2020.
Finally, if the President of the Republic does not sanction the PLV by September 17th, the tacit sanction will be configured, when the National Congress will then send the law for publication.
Sanctions:
As for the penalties provided for in the LGPD, there have been no changes.
Thus, the ANPD - National Agency for Data Protection, may only apply penalties for breaches to LGPD occurred from August 1, 2021, with the companies, in the meantime, subject to legal action in case of noncompliance with privacy and data protection rights, for example, in case of leaks.
(ii) ANPD
Another important novelty is about the ANPD: the decree that brings the entire ANPD regimental structure (Decree no. 10,474/2020) was published in the Federal Official Gazette on the 27th, but the decree still depends on when the ANPD President Director is appointed in the DOU to come into force.
Dr. Karin Klempp Franco
Luiz Fernando Plastino Andrade, CIPP/E, CIPM
Mahyra Milani
