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COVID-19 | Data Privacy - LGPD

April 02, 2020

COVID-19 | Data Privacy - LGPD

Data Privacy - updated on Apr 01 at 06:47 pm

Senate Bills of Law extend LGPD’s effectiveness date

In the last few days, some bills of law were filed in order to amend and extend the effectiveness date of the Brazilian General Data Protection Law (LGPD), Law No. 13,709/2018.

The Bill of Law No. 1,027 was filed by Senator Otto Alencar on March 26, 2020, suggesting the amendment of the article 65, II, of the LGPD, which provides for the effectiveness date of all provisions of the law, except articles 55 and 58 that establish the structure of the Brazilian Data Protection Authority (ANPD) and the Brazilian Council of Personal Data Protection and Privacy.

The current effectiveness date for the other provisions of the law is August 16, 2020. However, if the Bill of Law is approved, the date will be changed to February 16, 2022.

On March 30, 2020, Senator Alvaro Dias presented Bill No. 1,164, suggesting the inclusion of an item in Article 65 of the LGPD, creating a waiting period of twelve months, as of August, for the application of the administrative sanctions provided in Article 52.

Differently from Bill of Law No. 1,027, the Bill of Law No. 1,164 reiterates the importance of maintaining the LGPD effectiveness data of August 2020.

Senator Antonio Anastasia filed the Bill of Law No. 1,179 on March 30, 2020, addressing the Brazilian Emergency and Transitional Legal Regime of legal relations of Private Law (RJET) during the coronavirus pandemic (COVID-19). This Bill of Law suggests the extension of the effectiveness date of the LGPD to August 2022, among other matters.

The Bill of Law, in its final provisions, stipulates that the LGPD should come into force thirty-six (36) months after its publication, that is, in August 2022.

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