General Law on Protection of Personal Data begins to take effect on Friday

Law No. 14,058 / 2020 was published in the Official Gazette of 18/09/2020, as a result of the conversion of Provisional Measure No. 959, marking the beginning of the LGPD

Law No. 14,058 / 2020 was published in the Official Gazette of 18/09/2020, as a result of the conversion of Provisional Measure No. 959, marking the beginning of the LGPD. Despite the fact that the text of the MP deals predominantly with the operationalization of the payment of emergency benefits, in its article 4 there was a provision that extended the vacant legislature of the LGPD with regard to most of its articles to May 2021.

Let the events of the past few weeks resume. After approval by the Chamber of Deputies of the final wording that set the aforementioned time frame for 12/31/2020, the Federal Senate approved a text suppressing Article 4 of MP No. 959, causing the wording of Article 65 of the LGPD to return and, consequently, the immediate validity of the legal rule, as of the presidential sanction, which happened on 9/17/2020, resulting in the publication of Law No. 14.058 / 2020.

LGPD positions itself as a decisive legal framework for the use of personal data in the country, directly impacting the operations of companies of all sizes and the public sector, with the expectation of increasing legal certainty, organizing transparent and negotiated regulatory standards, stimulating business environment and foster technological innovation.

The legal rule provides that the National Data Protection Authority (ANPD) will be responsible for ensuring, implementing and supervising compliance with legislation throughout the national territory, guiding itself by protecting the fundamental rights of freedom, privacy and free personality development.

In order to fulfill the broad attributions conferred on the ANPD by law, it is provided that the body will also be competent to inspect and apply sanctions due to infractions committed to the LGPD normative provisions. It should be noted, in this sense, that the possibility of imposing fines, which range from a warning to a simple fine limited to R $ 50 million, begins on August 1, 2020, the date on which Articles 52 , 53 and 54 of the LGPD.

Finally, it should be added that the regulatory structure of this federal body, part of the Presidency of the Republic, was approved through the publication, on 08/27/2020, of Decree nº 10.474 / 2020, with annexes that detail elements related to nature, purpose, competencies, organizational structure, bodies, duties of directors and table showing ANPD positions.

By: Wilson Sales Belchior