As reported by numerous Brazilian privacy professionals, Brazil’s new privacy law – Lei Geral de Proteção de Dados or LGPD – is now in full effect with the sanction of Law 14508 by Brazilian President Jair Bolsonaro. The birth of a new national privacy law is a unique day for privacy professionals. That is
Keypoint: LGPD is a complicated regulatory regime that will required U.S. entities subject to its requirements to undertake substantial compliance efforts.
As documented in Dirceu Santa Rosa’s article for the IAPP’s Privacy Tracker, efforts to delay the effective date of Brazil’s General Data Protection Law – Lei Geral de Proteção de Dados or LGPD – recently failed, and the law is expected to go into force in the coming days. Brazil’s federal government also published a decree approving the regulatory structure of the Autoridade Nacional de Proteção de Dados, i.e., Brazil’s national data protection authority.
LGPD becoming effective this year was a surprise to many as its effective date was expected to be postponed because of COVID-19. However, in a year that started with the CCPA going into effect, descended into chaos with COVID-19 (and its numerous privacy issues), took a “what just happened?” turn with the invalidation of Privacy Shield, and will close with a vote on CCPA 2.0, the unexpected start of LGPD feels like par for the course for privacy professionals.
For U.S. companies trying to comply with these laws, LGPD may seem like another insurmountable task. To facilitate that process, below is a general discussion of LGPD and some of its more notable provisions. For reference, LGPD has been translated into English by Ronaldo Lemos and his team at Pereira Neta Macedo and is available here.