Newsletter IP and Data Protection | May 2020

PROVISIONAL MEASURE 959/20 POSTPONES THE ENFORCEABILITY OF LGPD TO MAY 2021

We would like to inform you that the Provisional Measure No. 959 (“MP 959/20”) published on April 29, 2020, postpones the efectivesses of the Brazilian General Data Protection Law (“LGPD”) to May 3, 2021.

It is important to stress that provisional measures are valid for 120 days, being necessary to be voted in Congress in order to convert them into law until the end of their effectiveness. However, due to the current pandemic, the votes for provisional measures are following a summary rite and must be voted within 16 working days. If there is a need to formally extend the term of the provisional measure, the Presidency of the National Congress will assess its necessity.

In view of the above, it is necessary to monitor such MP in order to verify whether it will be converted into law or not, or if it will be extended, and threfore it is not possible to foresee if the LGPD will be, in fact, postponed by this MP.

Note that the postponement of the LGPD has been debated in Congress through several bills of laws, including Bill of Law 1,179/2020, approved in April by the Federal Senate, which provides for the enforceability of the law in January 2021, and its sanctions applied from August 2021.

We are closely monitoring this matter and all respective bills of law and we will revert in case of any updates.

 

CONAR BRINGS AN ETHICAL COMPLAINT AGAINST ADVERTISING ACTIONS ON “LIVE GUSTTAVO LIMA”

In April 2020, the Brazilian Advertising Self-Regulation Council (Conar), a non-governmental organization that regulates and supervises the ethics of commercial advertising in Brazil, brought an ethical complaint for the analysis of alcoholic beverages advertising in the lives that singer Gusttavo Lima performed on his social networks, together with Ambev.

The reports made by dozens of consumers were based on the absence of care recommended by the Brazilian Advertising Self-Regulation Code for the dissemination of such products, considering that, along with the lack of control of access to lives by minors, the constant intake of beer by the singer during the presentations could stimulate the irresponsible consumption of alcoholic beverages.

Conar also emphasized that, despite understanding that new formats of advertising communication are emerging due to the atypical moment experienced in the country, such announcements must respect the fundamental principles of commercial communication of the segment, so that there is responsible promotion of alcoholic beverages and with the observance of all precautions in order not to be spread to children and adolescents.

Ambev and Gusttavo Lima now have a period of 20 days to send, if they so wish, defense to the Ethics Council or to immediately adapt the advertising content of the lives to the established rules.

It is important to highlight that Conar act exclusively in the review of the advertising content present in the actions, including those involving digital influencers, whether in programs, lives or any other type of artistic or cultural manifestation broadcast publicly, without making any analysis of artistic or editorial content.

In addition, it is worth mentioning that Conar does not act as a consumer protection agency and, as a private institution, it does not have coercive power, thus it is impossible, for example, to apply sanctions to companies. Therefore, the entity is not responsible for punishing abusive advertising, but for recommending changes or suspension of advertisements.

However, such recommendations, although not binding, are usually followed by advertising companies and communication medium, besides being commonly respected by Brazilian courts.

In case of any doubts about this subject, please do not hesitate to contact us.

 

CONTACTS:

Paula Mena Barreto
Partner
T: +55 21 3262-3028
E: paula.menabarreto@cmalaw.com

Manoela Esteves
Associate
T: +55 21 3262 3042
E: manoela.esteves@cmalaw.com

Thaissa Lencastre
Associate
T: +55 21 2217-2041
E: thaissa.lencastre@cmalaw.com

Ana Luisa Bastos
Associate
T: +55 21 2217-2049
E: ana.bastos@cmalaw.com