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Brazilian LGPD Effective and Enforcement Dates in Flux

Written by: Charles R. Langhorne IV, Esq.

Brazil’s new data privacy law, the “LGPD,” was set to go into effect on August 15, 2020. The LGPD is based largely on the European Union’s GDPR. Due to the impact COVID-19 has had on businesses, the effective and enforcement dates have been delayed. Keeping track of the new effective and enforcement dates has become a full-time job, as referenced by the following conflicting government actions.

• As part of Brazil’s coronavirus relief package, the LGPD’s effective date was postponed until January 1, 2021, and enforcement would not begin until August 15, 2021.

• Prior to the passing of the coronavirus relief package, the Brazilian president issued an Executive Order (Provisional Measure No. 959), which would postpone the effective date of LGPD until May 3, 2021.

For the Provisional Measure to take effect, Brazil’s Congress would have to ratify it by May 15, 2020. To date, Brazil’s Congress has not acted on the Provisional Measure.

After the Provisional Measure was introduced, Brazil’s Congress amended the coronavirus relief package to delay the LGPD effective date from January 1, 2021, to May 3, 2021, while keeping the August 15, 2021, enforcement date. Brazil’s lower house has approved this amendment, and it will now move to Brazil’s second house.

The only thing that is certain, at this point, is that LGPD will not go into effect on August 15, 2020.