17 Jun THE IMPOSITION OF THE LGPD’S SANCTIONS HAVE BEEN POSTPONED TO AUGUST 2021
Last Friday (June 12, 2020), Law No. 14.010/2020 was published in the Official Gazette, which postpones the application of the administrative sanctions provided in the Brazilian General Data Protection Regulation (“LGPD”) to August 1st, 2021.
This means that sanctions for non-compliance with the LGPD may only be imposed after that date by the National Data Protection Authority (“ANPD”).
The Law No. 14.010/2020 was published after the President issued his partial veto to the Bill No. 1.179/2020 and instituted the Emergency and Transitional Legal Regime for Private Law relationships during the COVID-19 pandemic; in addition to amending the article 65 of the LGPD.
The LGPD’s entry into force is still uncertain, currently it is scheduled to entre into force on May 3rd, 2021, as provided in Provisional Measure No. 959/2020. However, this Provisional Measure still need to be voted in the two Houses of the National Congress for it to become Law, otherwise it will lose its effectiveness.
This means that we have two (2) scenarios: (i) the National Congress approves the Provisional Measure No. 959/2020 and becomes Law which results in the LGPD entering into force on May 3rd , 2021 and its administrative sanctions being applied only as of August 1st, 2021; or (ii) the Provisional Measure No. 959/2020 is rejected by the National Congress and the LGPD enters into force in August, 2020 and its administrative sanctions being applied only as of August 1st, 2021.
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.
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