15 May BRAZILIAN CHAMBER OF STATE REPRESENTATIVES APPROVES BILL THAT POSTPONES THE LGPD’S ENTRY INTO FORCE
On May 14, 2020, the Chamber of State Representatives discussed and voted in a virtual extraordinary deliberative session of the plenary, Bill No. 1.179/2020 (“PL 1.179/2020”) drafted by the Senate.
PL 1.179/2020 is a broad effort to establish transitional and emergency rules for the regulation of private law legal relations due to the COVID-19 pandemic, in order to mitigate the effects of the economic and social crisis on companies and individuals.
One of these measures is the postponement of the entry into force of the Brazilian General Data Protection Regulation (“LGPD”), in order to guarantee a longer implementation period and a period of “immunity” to the sanctions of the law for processing agents, considering the current scenario of crisis and sharp drop in corporate revenues.
The wording of the PL 1.179/2020 approved by the Senators on April 3rd, 2020 proposed two (2) deadlines for the postponement of the LGPD’s entry into force:
(i) August 1, 2021: related to the sanctions (articles 52 to 54 of the LGPD); and
(ii) January 1, 2021, for the rest of the articles of the Law.
Congressman Enrico Misasi, proposed a substitute wording to PL 1.179/2020, in only the entry into force of the provisions related to the sanctions (articles 52 to 54 of the LGPD) are postponed to August 1, 2021 and maintaining that the deadline for the remaining provisions to enter into force in August/2020.
As justified in the Opinion of the Deputy, the postponement of the general regime of the LGPD will be duly discussed during the voting on Provisional Measure No. 959/2020[1], which temporarily amended article 65th of the LGPD extending the deadline for all provision to enter into force in May, 3, 2021,.
The final draft of Bill 1.179/2020 given by the substitute text of the rapporteur, was put to a vote and approved by the Deputies. Due to the amendments made to PL 1.179/2020, the bill will return to the Senate for a new deliberation by the Senate.
The LGPD has been postponed due to Provisional Measure 959/2020. However, it remains to be defined what will be the effective date of its entry into force, which should only occur in the last chapter of this novel.
[1] For more information on Provisional Measure No. 959/2020, check out “Provisional Measure postpones to May 2021 the entry into force of the LGPD” and “Congressmen and Senators question the LGPD’s postponement proposed by MP 959/2020”.
This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados concerning the matters here addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.
No Comments