The General Data Protection Law (LGPD) is coming into effect on Friday (18), after being sanctioned by President Bolsonaro on Thursday (17). As of today, private companies and public bodies will have to adapt to the new legislation, which provides for a series of measures to increase security in the treatment of personal data of Brazilian citizens, as well as to give them greater autonomy over their information.
Senate overturned article that postponed LGPD
The LGPD was also approved by the Temer government on August 14, 2018, and was due to come into force in August this year. However, since the beginning of the Bolsonaro government, the law has suffered attempts to postpone it through articulations in the Chamber, the Senate and also with an MP issued by the Presidency of the Republic.
At the end of April, Bolsonaro issued MP No. 259/2020, postponing the full effectiveness of the law to May 2021. In June, the president sanctioned Law No. 14,010 / 2020, which provides that the punishments attributed to non-compliance with the LGPD will only begin to be applied in August 2021.
Last month (the 25th), the Chamber approved MP 959/2020, maintaining the penalties for August 2021 and changing the law to January of the same year. A day later, the Senate overthrew Article 4 of MP No. 959/2020, maintaining the forecast for the beginning of penalties, but anticipating the law. Since then, the Senate has given a period of 15 days for the LGPD to be transformed into a Conversion Bill (PLV), when it would come into force with or without presidential sanction.
After the unexpected decision in the Senate, the government hurried to publish a decree clarifying the structure of the National Data Protection Authority (ANPD), the body that will be responsible for regulating the LGPD, determining and applying the penalties related to its non-compliance, but still is not operating.