LGPD effective as of August 27, 2020* – Brazilian Senate rejected proposed extension of the LGPD’s effective date

The Brazilian General Data Protection Law (Law # 13,709/18 – “LGPD”) will be effective as of August 27, 2020*. Today, August 26, the Brazilian Senate rejected the House of Representative’s proposal to extend the LGPD’s effective date to December 31, 2020. The House of Representative’s proposal was included in the Bill of Law that resulted from Provisional Measure # 959/2020 issued by the Brazilian President in April 2020, which originally extended the LGPD’s effective date to May 3, 2021.

The Brazilian Data Protection Authority (“ANPD”) will only be authorized to apply the administrative sanctions established in the LGPD as of August 1, 2021, pursuant to a recent change to the LGPD through Law # 14.010/20.

The effective date of the LGPD is now divided as follows:

Once the material piece of the LGPD is effective, consumer protection authorities may enforce the law (in connection with consumer relationships) as of August 27, 2020. Judicial claims may also be brought as of August 27, 2020*.

*We note that there are some who defend a different position, alleging that the effects of the LGPD will only arise when the Bill of Law that resulted from Provisional Measure # 959/2020 is sanctioned by the Brazilian President – which should occur within 15 business days as of the President’s receipt of the Bill of Law for sanctioning.

We will continue to monitor this matter closely and will inform new developments in due course. In the meantime, our Technology and Data Protection team is available to assist you.