Brazilian General Data Protection Law’s entry into force has been postponed

In an extra edition of the Brazilian Official Gazette, the President of the Republic, Jair Bolsonaro, published Provisional Measure 959/2020 (“MP 959/2020”) which establishes, among others, the postponement of Law No. 13,709’s ( “Brazilian General Data Protection Law” or “LGPD”)  entry into force, to the new date of May 3, 2021.

The extension of the entry into force of the LGPD was already the subject of debates and negotiations in the National Congress, having been addressed in Bill 1179/2020, approved in April by the Federal Senate, and awaiting a vote in the House of Representatives. Bill 1179/2020, however, proposed a segmented postponement of the LGPD, so that the norm would enter into force in January 2021, but its sanctions could only be applied in August of the same year, a differentiation not addressed by MP 959/2020 .

The initial term of validity of MP 959/2020 is 60 days, which can be automatically extended for an equal period, if its voting has not been executed by both houses in the Congress. If it is not analyzed within 45 days from its publication, it enters an urgent regime, leaving all other legislative deliberations of the House in which it is being processed in abeyance.

If one of the houses of Congress chooses to reject the Provisional Measure, MP 959/2020 loses its validity and will be shelved. Thus, it is important to continue following the progress of Bill 1179/2020 while we await the vote and the decision on MP 959/2020.

Our Data Privacy and Cybersecurity team is available to assist you in this matter.