Bill 1179/2020 maintains the validity of the LGPD for August 2020. Term depends on the presidential sanction


In the session this Tuesday (19/05) evening, the Senate approved the maintenance of the entry into force of the Brazilian General Data Protection Law (LGPD) for August of this year, and the postponement of the validity of the articles on administrative sanctions to August 1, 2021. Bill 1179/2020 has been forwarded to the president for sanctioning.

Understand the procedure of Bill 1179/2020, regarding the LGPD.

 Bill 1179/2020 was approved in the Senate last month and was then sent to the Chamber of Deputies for approval.

The reporting deputy, Enrico Misasi (PV-SP),  in the Chamber of Deputiesonly accepted the extension of the deadline, concerning the imposition of administrative sanctions (August 2021), by maintaining the provisions of Provisional Measure (MPV) 959/2020 – though not yet approved – as the date of entry into force of the other articles of the LGPD. Thereby, the other provisions of the LGPD would come into force on May 3, 2021. This amendment has been voted in the Chamber of Deputies.

After changes in the text, the Bill returned to the Senate for a new vote and was yet again changed by the Senators.

Therefore, the wording that will be forwarded for sanctioning will be as follows below. In practice, it means the LGPD comes into effect on August 16, 2020 for all articles, except for those related to administrative sanctions.

“The caput of art. 65 of Law No. 13,709, of August 14, 2018, becomes effective, with the addition of the following item I-A:

“Art. 65. ……………………………………………………………………

I-A – 1st of August 2021, regarding arts. 52, 53 and 54;

……………………………………..”.

The Bill has now been forwarded to the President of the Republic for sanctioning. MP 959/2020 is also awaiting processing.