PROVISIONAL MEASURE POSTPONES TO MAY 2021 THE ENTRY INTO FORCE OF THE LGPD

30 Apr PROVISIONAL MEASURE POSTPONES TO MAY 2021 THE ENTRY INTO FORCE OF THE LGPD

This Wednesday (April 29), the President, Jair Bolsonaro, postponed through Provisional Measure No. 959/2020 (“PM 959/2020”), published in an extra edition of the Official Gazette (“DOU”), the entry into force of the Brazilian General Data Protection Regulation (“LGPD”) to May 3^rd, 2021.

PM 959/2020 is in force and will remain so for 60 (sixty) days, after which time it may be extended once, for an equal period, if voting has not yet occurred in the two Houses of the National Congress in the first period. The Congress will decide if PM 959/2020 will be converted into Law, otherwise it will lose its effectiveness.

However, the Joint Act No. 01/2020 from the Chamber of State Representatives and the Federal Senate, published on April 4, 2020 (“Joint Act”), which establishes virtual voting sessions in both Houses’, withdrawing the analysis and previous opinion from a Joint-Committee requirement in the legislative procedure while the COVID-19 pandemic is ongoing, set forth a reduced procedure for Provisional Measures voting, in which the legislative houses have sixteen (16) days in overall, since the publication of the measure in the DOU, to vote them; what reduces the sixty (60) days ordinary deadline procedure for Provisional Measures voting, extendable for the same period. The Joint Act also provides that if the Provisional Measure is to be extended, it will be up to the National Congress Presidency to assess if this will be appropriate.

Despite that, there is also the possibility of the PM 959/2020 being discussed at Brazilian courts due to possible constitutional defects, in accordance with the terms of Complementary Law No. 95.

In face of so many changes, political uncertainties and the insecurity of provisional measures, the fate of the LGPD’s entry into force is not known yet. Therefore, the recommended measure is to follow the implementation programs’ schedules based on August 2020.

Check-out the PM 959/2020’s complete wording (here).

This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados concerning the matters here addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.