The Brazilian Senate, in the voting of MP 959/20 decided on 26 August 2020, to reject the article of the MP that provided for the extension of the enforceability of the Brazilian General Data Protection Law (LGPD). Based on this decision, the LGPD will be in force within 15 business days (after the approval or veto of the rest of the MP 959/20).

This decision does not encompass the articles related to the National Authority – which were already in force – and the ones related to the sanctions provided for by the law – which were previously extended to August 2021.

On 26 August, MP 959/20 was approved by the House of Representatives, and a new effective date was proposed (from May 2021 to December 2020). However, the Senate rejected the article of the MP based on its internal bylaws, since the matter was already discussed a few months ago.

We understand that the enforceability of the LGPD was very turbulent since the beginning of the procedure. Therefore, in case of any doubts, please do not hesitate to contact this author or our data protection professionals in Brazil.

Paula Mena Barreto is a partner in the Intellectual Property and Technology group of independent law firm Campos Mello Advogados. She is based in Rio de Janeiro. Reach her at paula.menabarreto@cmalaw.com.