Bills propose postponing the LGPD (“Brazilian Data Protection Law”) from entering into force


There are already several legislative initiatives that propose postponing the vacatio legis of the Brazilian Personal Data Protection Law (“LGPD”). Bill No. 1179/2020, proposed by Senator Antonio Anastasia (PSD/MG), was the newest bill in this regard (presented yesterday). He transfers the end of the current vacatio legis period to August 2021.

Two other projects have the same proposal, but with different dates. Bill No 5762/2019 has already proposed the extension of the entry into force of LGPD devices to August 2022 since the end of last year. Bill No 1027/2020, which was presented last week, proposes the extension of the entry into force of LGPD devices to February 2022.

Moreover, there are initiatives to suspend the possibility of applying sanctions from the LGPD. Bill No 6149/2019 proposed that the calculation of the base value of fine sanctions be progressively charged, reaching 100% of its application 24 months after the standard enters into force.

There are several justifications for such initiatives: the allegation that most Brazilian companies have not yet managed to adapt to the LGPD; lack of time to install the Data Protection Nacional Agency (“ANPD”); and even the repercussions of the state of public calamity, due to the Covid-19 pandemic.