The Brazilian Data Protection Law will soon enter into force



The Federal Senate approved Provisional Measure No. 959/2020 (now PLV 34/20) on Wednesday, August 26, addressing the date of entry into force of the Brazilian Data Protection Law – Law 13.709/18 (LGPD).

However, the Senators considered that the discussion concerning the date of entry into force of the LGPD could not be debated, since it had been previously discussed in the House during the approval of Law No. 14,010/2020. As a result, this extended the date of entry into force of the administrative sanctions provided for in the LGPD to August 01, 2021.

Therefore, the proposed extension voted on yesterday by the House of Representatives, which would cause the LGPD to come into force in December of this year, was withdrawn from the text. The law derived from MP 959 will now move forward for sanctioning or presidential vetting, which should occur within the next 15 days. Once this phase has terminated, the LGPD will come into force.

Following the approval of MP 959, as publicized this Thursday, August 27, Decree 10.747/20 is going to regulate the National Authority for Personal Data Protection (ANPD). The main role of this Authority, which was organized as an agency of the Presidency of the Republic, is to guarantee the provisions set forth by the LGPD. It will also be responsible for applying the sanctions provided for in the law, as of August 2021 forwards.

The Decree outlines the operation of the National Council for Personal Data Protection and Privacy, an advisory body and 9 other bodies of assistance – both sectional and specific, such as the Internal Affairs Office and the ANPD Ombudsman, in addition to the Board of Directors, whose primary function is to regulate the provisions of the Law.

As for now, all eyes are on the pending nominations of the Board and Council members.