Brazil Postpones General Personal Data Protection Law

On 29 April 2020, the Brazilian President published Provisional Measure No. 959/2020 which in Art. 4 extends the entry into force of the General Law for the Protection of Data (LGPD) to 3 May 2021.

This provisional measure has been introduced in light of COVID-19 and pursuant to emergency lawmaking powers of the President contained in the Brazilian Constitution. The measure entered into force upon publication, but it shall expire within 120 days if it has not been subsequently enacted into law by Parliament. 

This measure is separate to the recently proposed Bill PL 1179/2020, dealing with the Emergency and Transitional Legal Regime for Private Law during the COVID-19 pandemic, which has been approved by the Senate and is now before the Chamber of Deputies. It is also separate to Bill PL No. 5762/2019 which is at report stage in the Chamber of Deputies. 

It is possible that these proposed bills will have a bearing on Parliament’s review of this provisional measure. However, for now, it is provided in law that the LGPD will take effect on 3 May 2021.