Efforts to Delay the LGPD Fail
As noted by our firm earlier this spring, Brazilian
authorities have considered delaying the General Personal Data
Protection Law's ("Lei Geral de Proteção de
Dados" or "LGPD") effective date.
Earlier this week, the Brazilian Chamber of Deputies voted on an
amendment to an executive order, MP 959/2020, which would have
postponed the LGPD's effective date to January 1, 2021.
However, on August 26, 2020, the
Brazilian Senate revised MP 959/2020 to remove that delay. The LGPD
will therefore immediately become effective upon the Brazilian
president's signature of the amendment.
Administrative Penalties Delayed
While the presidential Decree 10.474/2020, published on August
27, 2020, implemented the data protection regulator (the
"Autoridade Nacional de Proteção de Dados"
or "ANPD"), a previous measure, Law 14.010/2020 of June
10, 2020, had already delayed the effectiveness of
enforcement-related provisions. Therefore, the newly
