After an initial postponement in February 2020, on 26th of August the Brazilian Senate approved the entry into force of the Brazilian law on the protection of personal data “Lei Geral de Proteção de Dados Pessoais” (LGPD) with effect from 15 August 2020, ie two years after its publication.

The law has many similarities with the GDPR, so much so that the EU regulation may have inspired the South American legislator.

 

Privacy Law in Brazil

Entry into force

There is still uncertainty about the date of entry into force of the law of 14/8/2018 on the protection of personal data – the first in Brazil on the subject. A temporary executive decree (MP 959), issued by the president, had changed the date of entry into force of the LGPD to 3 May 2021. The ordinance becomes definitive law only when approved by the Senate which, however, on August 26th last stated that since MP959 has been changed in its content by Congress, it must now be issued by the President, who has 15 days to do so. The issuance of the MP959 should (conditionally obligatory) bring back the original date of entry into force (15/8/2020).