Chamber of Deputies postpones entry into force of the LGPD until 12/31/2020

On August 25, 2020, the Chamber of Deputies approved the final wording of the aforementioned MP, according to which the LGPD will begin its term on December 31, 2020, sending the text for consideration by the Federal Senate.

In recent weeks, discussions on issues related to privacy and data protection have intensified, simultaneously with the receipt by users of notices announcing changes in data policies and requests for specific permissions for their treatment. This reflects the movement of some companies that have already adapted their operations to the rules provided for in the General Law on Protection of Personal Data (LGPD).

The doubts about the beginning of the term of the LGPD, initially foreseen for 18 months counted from its publication on 08/14/2018, successively extended to 24 months (MP nº 869/2018 and Law nº 13,853 / 2019) and 05/03/2021 (MP nº 959/2020), created an environment of uncertainty and legal uncertainty as the term of Provisional Measure nº 959/2020 was approaching the end.

On August 25, 2020, the Chamber of Deputies approved the final wording of the aforementioned MP, according to which the LGPD will begin its term on December 31, 2020, sending the text for consideration by the Federal Senate. It is essential to mention that the LGPD deadlines had already been changed this year through Law No. 14.010 / 2020 with regard to the section on administrative sanctions (articles 52, 53 and 54) applicable by the National Data Protection Authority (ANPD), extending it if vacatio legis for August 1, 2021.

The debate also gains relevance due to the impacts on the operations of the companies that the immediate effectiveness would produce. The adequacy of business models aimed at compliance with the LGPD depends, as a rule and according to the particular circumstances of the specific situation, of an interdisciplinary team that investigates the entire cycle of processing personal data, pointing out any existing gaps and suggesting improvements, ahead which is essential for managers of all levels to adhere to.

In addition to the costs of implementing an internal policy of this nature in companies, doubts regarding the installation of the ANPD and the possibility for the Administrative Council for Economic Defense (Cade) to cover its duties expand the urgency in addressing the issue. This stands out regarding the need to regulate crucial matters and the potential risks of judicialization, after the LGPD has started, in a hypothetical scenario in which the ANPD is not working, even though the theme is transversal and there is the possibility of action by other organs.

By: Wilson Sales Belchior