The General Law of Data Protection – Law No. 13,709 (“LGPD“), which deals with the treatment and privacy of data subjects in the country, is back in the news and legal discussions. Sanctioned in 2018, initially slated to go into effect in February/2020, it was subsequently, postponed until August/2021. And recently, due to the Covid-19 pandemic, the government has postponed the start of effectiveness once again, through Provisional Measure no. 959, published on April 29, 2020, this time to May 3, 2021.
After going through both houses of Congress, and some twists and turns, on the 26th, the Senate decided to convert Provisional Measure 959 into Law, excluding article 4, which dealt with LGPD, from the approved text, resulting in the immediate effectiveness of LGPD.
Faced with great legal repercussion in the hours following the Senate’s approval, the house published a note clarifying that the LGPD will only come into force after the presidential sanction. The expectation is that by mid-September we will have the LGPD finally in place.
The body responsible for oversight and implementation of the LGPD is the National Data Protection Authority (“ANPD“), which, it seems, is taking shape as a result of the publication of Decree No. 10,474, which also occurred on the 26th. The aforementioned Decree approved the regimental structure and the table of the main positions that will compose the body.
Although there are important points to be defined, it is undeniable the relevance of recent events for the consolidation of the LGPD, a latent demand from numerous sectors of Brazilian civil society.
In addition to the exponential increase in the use of the Internet during the global pandemic, the General Data Protection Regulation (“GDPR“) is spreading worldwide.”), a major source of inspiration for the LGPD, whose impacts have influenced not only member countries of the European Union, but also countries and companies around the globe, which directly or indirectly, use the data of European citizens and/or perform data processing in European territory.
For Brazil, an important player in the global economy, the need to adapt to international standards and best practices is urgent. This need is translated into the inter-sectorial adequacy of Brazilian companies, whether in hiring partners, personnel and/or service providers, or in sales, logistics, research, HR, technology, and planning activities, in a safe, preventive, responsible, free, and transparent manner to the articles of the Law.
Faced with uncertainty about the effective date of the LGPD, in recent months many technology companies have accelerated their compliance processes, which can be effectively observed in the recent updates of privacy and data treatment policies, widely disseminated.
Although the administrative sanctions provided for in the LGPD will only begin to be applied as of August 1, 2021, the civil liability of data controllers and/or operators, by the judiciary, is not ruled out. A significant increase in the judicialization of matters related to data treatment is expected until society adapts to this new reality.
Regardless of the segment or product of the legal entity, there is no doubt that the entry into force of the LGPD will affect all sectors of the country. And our office is at your disposal, to clarify any doubts in this regard and help you in the process of adapting your company to the LGPD.