The Brazilian Data Protection Law (LGPD) will finally enter into force
Approved in 2018, the Brazilian General Data Protection Law (LGPD) introduces general rules on the collection, storage, treatment and sharing of personal data. The law was inspired by the European GDPR, adopting many of its principles such as necessity, adequacy, accountability, consent and legitimate interest. It also envisages the creation of a National Data Protection Authority (ANPD) which must interpret, create regulations and monitor compliance with the law.
Although the LGPD provides for the establishment of the ANPD as of December 2018, to date, the authority has not yet been created. Its absence brings great legal uncertainty to market players. In addition to monitoring compliance with the law, the authority will be responsible for establishing practical guidelines for the application of the LGPD, which left a number of issues open to interpretation and regulation by the ANPD.
Since its publication, several attempts have been made to postpone the entry into force of the LGPD. Lastly, given the crisis originated by the Covid-19 pandemic, a new attempt was made by the government. An interim legislation (“provisional measure”) that postponed the entry into force to May 3, 2021. Such temporary legislation required the approval of the Brazilian Congress, that rejected the proposal of the government.
As a result, the LGPD should enter into force as soon as possible, after the provisional measure loses its effect, which will happen any time within the coming 15 days, although the application of sanctions for breach of the LGPD remains postponed until August 1, 2021, as was decided before.
In addition to the entry into force of the law, a new decree was issued, approving the creation of the National Data Protection Authority, which will occur after the appointment of its president.
Our Technology & Communication team is fully available to advise companies on how to adjust its internal processes in order to comply with the LGPD, offering services and tools for a fast, safe and efficient implementation.