Newsletter IP and Data Protection | Provisional Measure 959/20 postpones the the enforceability of the 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 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. We will be monitoring such MP in order to verify whether it will be converted into law or not or if it will be extended. 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 the PL 1,179/2020, approved in April by the Senate, which provides for the enforceability of the law in January 2021, and its sanctions applied from August 2021.

In case of any doubts about this subject, please do not hesitate to contact us. We are closely monitoring this matter and all respective bills of law and we will revert to you in case of any updates

 

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