CONGRESSMAN PRESENTS BILL THAT INTENDS TO POSTPONE THE ENTRY INTO FORCE OF THE LGPD PENALTIES

23 Feb CONGRESSMAN PRESENTS BILL THAT INTENDS TO POSTPONE THE ENTRY INTO FORCE OF THE LGPD PENALTIES

Last Friday (19.2.2021), Congressman Eduardo Bismarck presented the bill No. 500/2021 (“PL 500”), which proposes the postponement of administrative penalties imposed under articles 52, II and III, 53 and 54, arising from violations of the Brazilian General Data Protection Law (“LGPD”).

The PL 500 intends to change the entry into force of the penalty provisions, from August 1^st, 2021 to January 1^st, 2022.

According to the Congressman, the postponement is necessary because, contrary to the Chamber of State Representatives initial expectations, the COVID-19 pandemic has not come to an end, and the social and economic effects of the pandemic continue to grow exponentially.

Faced with this scenario, the Congressman argues that it is impossible to expect that all the companies that process data adapt themselves to the LGPD rules until August 2021 and have the economic capability to borne with pecuniary fines that may reach fifty million Reais (R$ 50,000,000.00).

The congressman goes on to argue that the National Data Protection Authority (“ANPD”) will be able to fulfil their supervising and punishment responsibilities through other applicable penalties, like an infraction notice, public disclosure of the infraction, suspension of performance of the personal data processing activity, suspension of the operation of the database, among others.

At the moment, the PL 500 waits dispatch from the President of the Chamber of State Representatives.

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