Brazil Is Likely to Postpone Its Data Protection Law in Light of the Pandemic

Brazil’s General Personal Data Protection Law (“Lei Geral de Proteção de Dados” or “LGPD”) was scheduled to go into effect on August 20, 2020.  On April 4, 2020, the Brazilian Senate passed an emergency bill addressing various pandemic-related legal issues which, among other measures, would postpone the entry of the LGPD to January 1, 2021, and the enforcement of the LGPD until August 1, 2021.  The bill is expected to be approved by the Brazilian House of Representatives and the country’s President.

The LGPD creates a new legal framework for the use of personal data in Brazil, replacing and/or supplementing a sectoral regulatory framework.  The law, largely modeled on the European Union’s GDPR, deals with the concept of personal data, lists the legal bases that authorize its use, and provides various rights to data subjects such as access to data, rectification, cancellation or exclusion, opposition to treatment, right to information and explanation about the use of data.

As we have previously reported, various trade groups in the United States requested the California Attorney General to postpone the July 1, 20202 enforcement of the California Consumer Privacy Act in light of the pandemic.  However, the Attorney General’s office indicated that it has no plans to delay the enforcement of State’s data protection law.

Sources:

https://www.jdsupra.com/legalnews/covid-19-potentially-postpones-the-lgpd-61131/

https://iapp.org/news/a/the-new-brazilian-general-data-protection-law-a-detailed-analysis/