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After the approval of the postponement by the Congress, the Senate decides not to postpone the entry into force of the Brazilian Data Protection Law ("LGPD")
The Federal Senate, while voting on Provisional Measure 959/2020, suppressed article 4 of such document that addressed the extension of the LGPD to December 31, 2020. The Federal Senate understood that the matter had already been examined, following the House's internal regulations.
As a result, the LGPD comes into force as of the presidential sanction or veto, which must occur within the next fifteen (15) days.
The administrative sanctions can only be applied as of August 1, 2021, according to art. 20 of Law 14.010/2020. However, the data subjects may exercise their rights as of the effective date of the LGPD, and, although we do not yet have a National Data Protection Authority ("ANPD"), several authorities, such as the Consumer Protection Agency (PROCON), the Public Prosecutor (MP) and the Courts may require compliance with the Law immediately.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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