The provisions of the Brazilian Data Protection Law (“LGPD”) related to the administrative sanctions will only enter into force on August 01, 2021, according to recently-sanctioned Law 14,010/2020. This law brings a number a transitory rules, to be applied to private relations during the pendency of the coronavirus pandemic, such as provisions related to consumer law, family law, adverse possession and to the set of rules related to sanctions of the LGPD.

It is important to note that the Executive’s Provisional Measure 959/20, which establishes that the LGPD will enter into force on May 03, 2021, is still the currently valid rule, but is waiting to be confirmed by Congress. Thus, the present scenario is the following: the LGPD will become applicable next May, except for the administrative sanctions, which can only be applied from August 2021, onwards.

On the other hand, if Provisional Measure 959/20 is not approved by the Legislative, the LGPD will enter into force as established in its original text: in August, 2020, with the exception of the administrative sanctions (only August next year)

 

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