By Leonardo Neri and Barbara Oliveira
The next few days of this week will be decisive in determining the validity of the General Data Protection Law (LGPD).
Today, the 25th, the Chamber of Deputies must vote on Provisional Measure 959/2020 (MP 959), which postponed the validity of the LGPD, which would come into force now in August 2020, to May 3, 2021. If approved by the Chamber of Deputies, MP 959 must be submitted to a vote by the Senate on Wednesday, the 26th, the deadline for approval of the Provisional Measure.
Therefore, if not approved, or if its approval period expires, MP 959 will expire and lose its effectiveness and the LGPD will have its effects retroactively from August 14, 2020, except with regard to administrative penalties, which will only come into effect from August 1, 2021.
A third option for the date for the LGPD to come into effect is beginning to gain traction behind the scenes in Congress: 01.01.2021.
It is worth remembering that the impossibility of applying the administrative penalties provided for in the LGPD does not prevent the application of possible penalties by consumer protection agencies, nor liability for any damages caused to holders of personal data.
What has been noticed in recent days is that large companies have already anticipated legal compliance, given the uncertainty of approval of MP 959. For those who have not yet adapted to the LGPD, these will be days of great tension and support for the approval of MP 959.
We will closely monitor upcoming developments.