Brazilian President Delays Applicability of LGPD Sanctions, but Other Provisions Remain Uncertain
On June 12, 2020, the Brazilian President Jair Bolsonaro approved Law #14,010/2020 (the “Law”). This Law was created to establish an urgent legal framework for the private sector in the context of the COVID-19 crisis. Among other topics, it delays until August 1, 2021 the applicability of the provisions relating to sanctions for non-compliance with the new Brazilian data protection law (Lei Geral de Proteção de Dados Pessoais, “LGPD”).
As we previously reported, the remaining LGPD requirements have been provisionally postponed until May 3, 2021. This was done via Provisional Measure #959/2020 (“Provisional Measure”), a measure issued by the President that only becomes permanently valid if approved by the Congress within a maximum period of 120 days. The Congress has until August 27, 2020, to approve this Provisional Measure. If the Congress does not vote or rejects the Provisional Measure, the LGPD becomes applicable from August 2020, while its sanctions become applicable from August 2021.