By Leonardo Neri

On the night of August 26, 2020, there were new surprises on the voting agenda for Provisional Measure 959/2020 (MP 959), as the Senate approved MP 959 with the removal of its article 4 and, initially, announced the entry into force of the General Data Protection Law (LGPD) for August 27, 2020, that is, this Thursday.

After more than an hour of much repercussion of the news in all national media, the Senate's own press office issued the following statement:

“The Federal Senate approved this Wednesday (26) provisional measure no. 959/2020, which postponed, in its art. 4, the start of the validity of the LGPD (General Data Protection Law). However, art. 4 was considered impaired and, therefore, the postponement provided for therein will no longer take place. However, the LGPD will not come into force immediately, but only after the sanction or veto of the remainder of the conversion bill, in the exact terms of § 12 of art. 62 of the Federal Constitution: “Art. 62 (…) § 12. If a conversion bill is approved, amending the original text of the provisional measure, it will remain in full force until the bill is sanctioned or vetoed. “Therefore, we emphasize that the General Data Protection Law – LGPD only comes into force after the sanction or veto of the remaining provisions of MP 959/2020.”

It is worth noting that the imbroglio to be discussed at this time is when the sanction or veto of the other provisions of MP 959/2020 will happen, however, it is credible to understand, based on the procedural process itself, that it should happen very soon, that is, still in 2020.

In this context, the Government itself already acted last night and issued Decree No. 10,474/20, which approves the Regulatory Structure and the Demonstrative Framework of Commissioned Positions and Trust Functions of the National Data Protection Authority (ANPD), and reassigns and transforms commissioned positions and trust functions.

Regardless of whether the final sanction or veto of the other articles of MP 959 takes place in 15 business days or in more than a month, it is worth noting that the impossibility of applying the administrative penalties provided for in the LGPD until August 2021 does not prevent the application of possible penalties by consumer protection agencies, nor liability for any damages caused to holders of personal data, from the moment the LGPD comes into force, after due publication of the term in the Official Gazette.

For those who have not yet adapted to the LGPD, there will be days or weeks of great tension until the matter is officially approved by the competent bodies.

We will closely monitor upcoming developments.