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Representative Damião Feliciano issues an opinion on the commencement of effectiveness of the General Law of Data Protection in August 2020.

Representative Damião Feliciano (PDT-PB) filed last Wednesday (5), an opinion on MP 959/2020, excluding from the legal text the provision for the extension of Law 13.709/2018 (General Data Protection Law or LGPD) to May 2021.

In the report, the congressman highlighted that the immediate implementation of LGPD is extremely necessary, considering the scenario of social isolation instituted due to the COVID-19 pandemic, in which the use of digital services and the need to protect shared personal data have increased. In addition, he stressed that sanctions for non-compliance with legal provisions will only be applied from August 2021, which guarantees the market more time for eventual adaptations.

The implementation of the General Data Protection Act was divided into three parts: (i) the articles referring to the National Data Protection Authority (ANPD) and the National Council for Personal Data Protection and Privacy (CNPDPP) are already in force since December 28, 2018, according to the legal amendment provided by Law 13.853/2019; (ii) the articles involving the application of sanctions may only be applied as of August 2021, as established by Law 14.010/2020 and (iii) the other legal provisions are expected to take effect on May 3, 2021, pursuant to MP 959/2020.

If the report is approved, only the provisions regarding sanctions will be postponed to 2021, and for all other provisions set forth in the law, the commencement of effectiveness will be in August.