On April 29, The Brazilian Federal Government issued an executive order, Provisional Measure (PM No. 959; Portuguese only), which would postpone the implementation of LGPD until May 3, 2021 if approved by Brazil’s legislature in the next couple of weeks. This type of measure is usually subject to a 120-day window in which they must be approved by Brazil’s Congress. However, due to special measures implemented in response to the current COVID-19 pandemic, Brazil’s House of Representatives and Senate must ratify this Provisional Measure within the next 16 working days for it to take effect. This means that Brazil’s Congress has until May 15, 2020 to consider the Provisional Measure.
As we recently covered, a few weeks ago Brazil’s Senate passed Bill 1,179/2020 which would postpone the LGPD’s effective date until January 1, 2021 and the enforceability of the LGPD’s administrative penalties until August 15, 2021. However, Brazil’s House of Representatives has yet to vote on that Bill. If the Provisional Measure is approved, it will eliminate the need for the legislative LGPD delay, and delay LGPD’s effective date and enforceability of administrative penalties until May 3, 2021.
Pressure had been mounting on the Brazilian government to delay the LGPD implementation date, culminating in the passage of the Bill in the Senate and its consideration in the House, even though the delay was opposed by the Public Prosecutor’s office. However, this executive order from the Federal Government adds more weight behind the push to delay LGPD implementation, making it more likely that the LGPD will be delayed until 2021. If so, the final date would be determined by whether the legislature agrees to pass the Provisional Measure (May 3, 2021) or the existing Bill (January 1, 2021).