Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

Brazil: Senate rejects LGPD postponement

OneTrust DataGuidance confirmed, on 26 August 2020, with Felipe Palhares, Partner at Palhares Advogados, that the President of the Senate of Brazil decided to remove provisions from Provisional Measure 959/2020, by which the entry into force 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') was postponed to 31 December 2020, after it was approved by the Chamber of Deputies the day before.

According to Palhares, "The LGPD becomes effective when the President sanctions the proposal, which could happen tomorrow or within 15 days."

You can read the Senate's press release, only available in Portuguese, here.

UPDATE (26 August 2020)

Palhares confirmed, "The Senate has just released a clarification note stating that the LGPD becomes effective when the President sanctions the proposal, so no later than 15 days (business days) from when he receives the proposal (probably tonight or tomorrow). However, there is also a discussion that, when the proposal is sanctioned, the LGPD will be deemed to have retroactive effect as of 16 August 2020, the date it was supposed to come into force prior to the enactment of the Provisional Measure. This is still unclear at the time and would depend on a Decree to be issued by Congress regulating the retroactive effect."

The enforcement provisions of the LGPD will continue to enter into force on 1 August 2021, further to an additional law passed in June 2020.

You can read the clarification note, only available in Portuguese, here.