Provisional Measure postpones the Brazilian General Data Protection Law

Provisional Measure postpones the Brazilian_General_Data_Protection_Law

The new Provisional Measure 959/2020 (“MP 959/2020”) postpones the date when most provisions of the Brazilian General Law on Protection of Personal Data (“LGPD”) will come into force to May 3, 2021.

MP 959/2020 entered into force on the date of its publication (April 29, 2020), and will now be examined by the National Congress and converted into law within a 60-day period, renewable once for the same period. If the provisional measure is not voted or if it is rejected by Congress, it loses its effectiveness. In any case, in view of the Joint Act No. 01/2020 of the House of Representatives and the Federal Senate (which simplifies the analysis of provisional measures during the Covid-19 pandemic), MP 959/2020 is expected to be examined in up to 16 days.

In this context, there are still doubts about the actual date when most LGPD provisions will come into force. We point out that Bill of Law No. 1,179/2020 (“PL 1,179/2020”), which provides for emergency and transitional rules for private relationships during the Covid-19 pandemic period, was already being discussed in the Congress. Among other provisions, PL 1,170/2020 proposes the postponement of the date when the LGPD will come into force to (i) August 1st, 2021 in relation to the articles dealing with penalties, and (ii) January 1st, 2021 in relation to the other articles. PL 1,179/2020 was approved on April 3, 2020 by the Federal Senate, and is now awaiting a vote in the House of Representatives.