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Brazil: President promulgates provisional measure postponing LGPD to May 2021

The Brazilian President, Jair Bolsonaro, promulgated, on 29 April 2020, Provisional Measure No. 959 of 29 April 2020 ('the Provisional Measure'), which seeks to extend the vacatio legis of Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD') until 3 May 2021.

Felipe Palhares, Partner at Palhares Advogados, told OneTrust DataGuidance, "This is a strange and unexpected twist considering that Bill 1179/2020 is still pending and already set forth a possible postponement of the LGPD, making it unnecessary for the President to issue an executive order like this at this point. If Bill 1179 does not pass, the President would be able to later issue an executive order postponing the LGPD if that was the case. Anticipating such move only creates more chaos as right now Congress will need to decide which of the extensions (if any) will be sustained. According to Brazil's legislative process an executive order must be approved by Congress within 120 days of its enactment by the President or it becomes void, thus this new possible deadline of 3 May 2021 is not definitive yet."

You can read the Provisional Measure, only available in Portuguese, here.