OVERTURN of the effective term of LGPD

Provisional Measure 959/2020 (MP 959/2020), which was approved with modification by the by the Plenary of the Chamber of Deputies on August 25, 2020 and aimed to extend the entry into effect of the LGPD (Law No. 13,709/2018) to December 31, 2020, underwent a new change during the examination by the Federal Senate.

The Senate considered that the matter related to the extension of the LGPD had already been analyzed by the body and, for that reason, could not be examined again.

Thus, although there is a debate about the exact date of entry into effect of the law, which many considered in a first moment August 27, 2020, the Federal Senate Press Office reported that the LGPD will not take effect immediately. According to the note, the entry into effect of the LGPD will only occur after the sanction or veto of the remainder of the Bill of Law that was approved in the Senate, according to art. 62, § 12 of the Federal Constitution. Therefore, the LGPD will only become effective after the presidential sanction or veto.

The President will have up to 15 working days to sanction or veto the Bill of Law from the receipt of the matter. In the absence of a decision by the Executive in this period, the Bill of Law is considered to be sanctioned tacitly.

In addition, Decree 10,474 / 20, which regulates the National Data Protection Authority (“ANPD”), was also published in the early hours of August 27, 2020 and aims to make LGPD effective.

Decree 10,474 / 2020 stipulates the competence of each of the bodies that make up the ANPD, such as the Board of Directors, the National Council for the Protection of Personal Data and Privacy (advisory body) and the General Secretariat, for example.

Among other competences, the ANPD will be responsible for monitoring compliance with the personal data protection legislation and applying the administrative sanctions provided for in the LGPD in case of non-compliance with the law.

Finally, it should be noted that this Decree will only enter into effect on the day of the appointment of the ANPD’s Chief Executive Officer in the Federal Official Gazette.

It is important to note, however, that the beginning of the term for the application of administrative sanctions provided for in the LGPD will occur on August 1, 2021, as per Law No. 14,010/2020.

Demarest’s Data Privacy and Cybersecurity team is available to provide further information or clarification on this matter.