On June 11th, 2020, President Bolsonaro sanctioned bill 1.179/2020, which indicates, among other, the entry into force of certain articles of the General Data Protection Law (LGPD).
The sanctioned legislation foresees that the articles of LGPD that foresee administrative penalties applicable in case of violation of this law will remain suspended until August, 2021. In other words, until then, the National Data protection Authority will not have the power to impose penalties due to the violation of LGPD. However, once the law comes into force, consumers and entities for consumers’ defence will not be pre-empted from exercising their rights, including claiming damages and indemnification for lack of compliance with LGPD.
We highlight that this legislation does affect the actual date that LGPD comes to force and will only affect the date administrative sanctions can be imposed.
As a brief recap, LGPD would originally come into force in August/2020. However, last moth President Bolsonaro passed a Provisional Measure that, if accepted by the Congress will delay the entry into force of the law to May, 2021. Congress has until next August to confirm such Provisional Measure, otherwise it will lose its effects and the LGPD will come into force next August as per the original wording of the law.
Amongst this scenario of uncertainty, Dias Carneiro’s recommendation is that companies proceed with their adequacy projects in order to guarantee an advanced degree of compliance should the law come into force already in August 2020.