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Hot Topic – The use of personal data in Brazil

The Brazilian Senate approved the Bill of Law No. 53/2018, which aims to regulate the use, protection and transfer of personal data in Brazil. The Bill of Law was already approved by the House of Representatives and is now pending presidential approval.

According to the Bill of Law, companies will only be able to collect and store data that is necessary to the rendering of their services; the collection and use of data will depend on the user’s express consent; users will have the possibility of viewing, correcting, and deleting their information from the existing databases. The Bill of Law also creates the National Data Protection Authority, a regulatory body of the Ministry of Justice, whose main function will be the supervision of compliance of the law and application of penalties.

If the Bill of Law is approved by the President of Brazil, the law will apply to both public and private companies, including companies headquartered abroad that process data in Brazil.

The Bill of Law No. 53/2018 is available, in Portuguese, at