Thursday, August 27, 2020
On August 26, 2020, as reported by Brazilian agency Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, the Brazilian Senate unexpectedly rejected the President’s Provisional Measure that was beforehand handed by the Home of Representatives and aimed to postpone the applicability of the brand new Brazilian information safety legislation (Lei Geral de Proteção de Dados Pessoais, or “LGPD”). The LGPD now will come into impact when the President indicators the invoice inside 15 days of receiving the invoice from Congress. The LGPD’s sanctions provisions, nevertheless, will proceed to use from August 1, 2021. The President additionally has issued a decree creating the brand new Brazilian information safety authority.
As we beforehand reported, the Brazilian President issued a Provisional Measure briefly delaying the applicability of the LGPD to Could 3, 2021. For this Provisional Measure to develop into everlasting, it needed to be permitted by each homes of Congress inside 120 days—i.e., by August 27, 2020. Congress had the choice of (1) rejecting the delay, during which case the LGPD would apply from its unique date (August 14, 2020); (2) approving the delay to Could 3, 2021; or (3) deciding on a brand new applicability date.
On August 25, 2020, the Home of Representatives voted to switch the applicability date of the LGPD to December 31, 2020. Nevertheless, on August 26, 2020, the Senate rejected any delays to the LGPD’s applicability. As August 26, 2020 was the final day for the Provisional Measure to be transposed into legislation, there isn’t a longer time for additional modification, and the LGPD will develop into legitimate as soon as the President indicators the invoice, with a retroactive applicability date of August 14, 2020.
Copyright © 2020, Hunton Andrews Kurth LLP. All Rights Reserved.Nationwide Legislation Overview, Quantity X, Quantity 240