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ARTICLE · 23 JUNE 2020

Sanction Provisions In Brazil's Data Protection Law Will Take Effect On 1 August 2021

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Since enacted in August 2018, the entry into force of the Brazilian Data Protection Law (No. 13,709 – "LGPD") has been subject to several changes.

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Since enacted in August 2018, the entry into force of the Brazilian Data Protection Law (No. 13,709 – "LGPD") has been subject to several changes. First it was supposed to be effective as of February 2020; then August 2020; and more recently 3 May 2021 (Provisional Measure No. 959/2020 dated 29 April 2020). The future of the LGPD remains uncertain, since this Provisional Measure needs to be rejected, approved or changed by the National Congress, or else it will expire on 27 August 2020.

Moreover, the Provisional Measure No. 959/2020 does not apply to LGPD's sanction provisions (articles 52, 53 and 54) and to the provisions which create and regulate the data protection authority (55-A to 55-L, 58-A and 58-B). The latter have been in full force since 28 December 2018, though the authority has not yet been set up. As to the sanction provisions, they shall now enter into force on 1 August 2021, pursuant to the newly enacted Law No. 14,010 dated 10 June 2020.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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