Penalties to Brazilian Data Protection Law will come into force in August 2021


The Brazilian President has sanctioned Bill no. 1179/2020, now Law no. 14.010/2020. The promulgation of the Law, which establishes an emergency and temporary legal regime for private law relations during the coronavirus pandemic, was published on June 12 in the Brazilian Official Gazette.

By its provisions, and considering that Provisional Measure 959 is not approved, the Brazilian General Data Protection Law (LGPD) will be effective on August 16, 2020. Exceptions made for articles providing for administrative sanctions (effective as of August 1st, 2021). There is also the possibility of changes to this scenario if other bill of law proposing the postponement of LGPD is later approved by Congress (there are some bills currently under discussion).

In all cases it is likely to assume that legal enforcement will be possible only in August 2021. Related to this issue, it is important to mention that Brazilian Data Protection Authority (with jurisdiction to apply penalties) has not been created yet.