LGPD comes into force now, but without regulatory body

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On Wednesday (26), the Senate approved the immediate validity of the General Law for the Protection of Personal Data (LGPD), which brings a new approach on the treatment of personal data of citizens, collected by public and private companies, and including accessed and shared on the internet. The former provisional measure (MP) is now the Conversion Bill (PLC) 34/2020, and awaits the end of the presidency.

Since April, a Presidential MP postponed the LGPD until May 2021, as it understood that society would not have time to adapt to the new legislation, due to the new coronavirus pandemic. Approved in 2018, the LGPD would initially take effect in August this year.

MP 959/2020 was voted yesterday (26) in the Senate, without article 4, which postponed the LGPD until December 31 of this year, since the senators understood that there was no need for the postponement, since the matter had already been voted on months ago. Now, the Senate has informed that the new law is just waiting for the sanction or veto of the other provisions of MP 959/2020, before it can enter into force.

Even so, the punishments associated with noncompliance with the new law were postponed to August 2021, through Law No. 14,010, created in June this year.

Regulatory body has not yet been created

Meanwhile, the National Data Protection Authority (ANPD), the body responsible for regulating, interpreting, defending and applying the new law, has not yet been created, even though it has been approved since last year.

Apparently, the creation of the ANPD would be the most difficult part related to the validity of the LGDP. For some experts, the postponement of the new legislation could be a justification for pushing the creation of the body later.

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LGPD: clarifying the roles of controller and operator

At the moment, legal professionals who supported the postponement of the LGDP’s validity view the Senate’s immediacy with fear, as there will be a general law in force without a responsible body.


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