<\/p>\n
Last week, three (3) new bills were presented at the Senate requesting to postpone the date the Brazilian General Data Protection Regulation (\u201cLGPD<\/u>\u201d) enters into force and\/or prorogue in twelve (12) months the imposition of the sanctions provided therein.<\/p>\n
Bill No. 1,027 (\u201cPL 1,027\/2020<\/u>\u201d), presented on March 26, 2020 and by Senator Otto Alencar (PSD \/ BA), request that the LGPD’s enters into force only after February\u00a02, 2022.<\/p>\n
The Senator explained that, although some private entities have been working to implement data protection measures and that the public sector has been carrying out preliminary adoption measures as well; and considering that until now, the National Data Protection Authority (\u201cANPD<\/u>\u201d) has not been incorporated in practice, there are serious damages to the regulation of the law, since the advisory role of this agency would support compliance measures of the data processing agents.<\/p>\n
Due to the declaration of state of emergency in Brazil resulting from the COVID-19 global pandemic, Senator \u00c1lvaro Dias (Podemos) also submitted PL 1,164\/20, on March 30, 2020, that proposes to postpone in twelve (12) months the application of sanctions, provided in the LGPD, after it enters into force (August, 2020), arguing that at this moment companies are making their best efforts to fight the COVID-19, which makes it difficult (including to allocate financial resources) to comply with the LGPD provisions. the Senator also highlighted that it would be an \u201ciniquity\u201d to allow, for example, companies to be subject to sanctions of up to R$ 50 million at this critical moment that the country is going through.<\/p>\n
Surprisingly, Senator \u00c1lvaro Dias submitted a request on March 31, 2020 for PL 1.164\/2020 to be removed from the legislative agenda, which he claimed, was in order for an \u201cerror\u201d to be adjusted. His request, however, matches the presentation of the Bill 1,179\/2020 (\u201cPL\u00a01,179\/2020<\/u>\u201d) at the Federal Senate, which provides an emergency and transitory legal regime for various legal acts, among them those related to the LGPD, which regulates private relations, during the COVID-19 pandemic period.<\/p>\n
In this sense, PL\u00a01,179\/2020, submitted on March 3, 2020 by Senator Antonio Anastasia (PSD\/MG), proposes the amendment to article 65, II of LGPD, which will, if approved, postpone the date of entry into force of LGPD\u2019s to August 2021.<\/p>\n
This bill is currently being processed on an urgent basis, which means that it cuts off some formalities, such as, the period of time between acts in the legislative process, deadlines and regimental formalities.<\/p>\n
To this date, amendments 20 (Senador Alvaro Dias), 25 (Senator Alessandro Vieira), 30 (Senator Humberto Costa), 43 (Senator Izalci Lucas) and 59 (Senador Rog\u00e9rio Carvalho) to PL 1,179 have been presented. These amendments propose different deadlines for the LGPD to come into force: (i) extends the LGPD\u2019s entry into force to January 1, 2021, because despite the state of emergency it is necessary for Brazil to be adapt to the digital global economy (Amendment 20); (ii) maintains the term of entry into force of August 16, 2020 (Amendment 25); (iii) extends the LGPD\u2019s entry into force to August 16, 2021 only for the articles regarding international transfer, data protection impact report, interoperability standards for portability, incident notification, encouragement of control of personal data by data subjects, fines, maintaining the LGPD\u2019s term of entry into force of August 16, 2020 the other provisions of the law (Amendments 30 and 59); and (iv) postpones in twelve (12) months the application of sanctions, provided in the LGPD, after it enters into force in August 16, 2020 (Amendment 43).<\/p>\n
In addition to the aforementioned bills, since the end of 2019, other Bills of Law are being processed by the House of Representative: (a) No. 5,762\/2019, which proposes to extend the date that the LGPD enters into force in 2 (two) years; and (b) No. 6,149\/2019, which suggests a time progressive of the value of fines to be applied until reaching the value of one hundred percent (100%) only two (2) years after LGPD\u2019s entry into force. Both bills have had no new developments since December 2019.<\/p>\n
Regardless of the motivations, it seems certain that the LGPD\u2019s entry into force will be postponed. However, at this time, we just do not know the timing and procedure\/form.<\/p>\n
The companies that are in the process of adapting and creating privacy and data protection measures will have the opportunity to improve their governance programs and best practices. While companies that have not started to adapt their practices to the LGPD will be able to do so more calmly.<\/p>\n
This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados concerning the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados<\/em>.<\/p>\n <\/p>","protected":false},"excerpt":{"rendered":" Last week, three (3) new bills were presented at the Senate requesting to postpone the date the Brazilian General Data Protection Regulation (\u201cLGPD\u201d) enters into force and\/or prorogue in twelve (12) months the imposition of the sanctions provided therein. Bill No. 1,027 (\u201cPL 1,027\/2020\u201d), presented on March 26, 2020 and…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-180","post","type-post","status-publish","format-standard","hentry","category-direito"],"_links":{"self":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts\/180","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/comments?post=180"}],"version-history":[{"count":1,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts\/180\/revisions"}],"predecessor-version":[{"id":181,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts\/180\/revisions\/181"}],"wp:attachment":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/media?parent=180"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/categories?post=180"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/tags?post=180"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}