Decree nº 9.936/19, published in the Federal Official Gazette on July 25, 2019, regulated Law nº 12.414/11, which instituted the Positive Credit Registry - that is, the formation and consultation of databases with citizen information - in order to establish guidelines for database managers, providing credit history, among other issues. This Decree became even more relevant after the sanction of Complementary Law nº 166/19, which made the registration of all individuals and legal entities in positive credit records compulsory and automatic.
Credit history, for example, will consist of: i) date of granting credit or assumption of payment obligation; (ii) the amount of credit granted or payment obligation assumed; (iii) amounts due in instalments or obligations, indicating the due and payment dates; and iv) amounts paid, in whole or in part, of the instalments or obligations, indicating the payment dates. Also, in case of information leakage, the database manager must report the fact to the National Data Protection Authority (ANPD), the Central Bank of Brazil and the National Consumer Secretariat of the Ministry of Justice and Public Security. Finally, the Decree also provides that the registrant may request from the database manager, at any time, cancellation and reopening of his registration and suspension of access to his credit note by consultants, including by electronic means.
Check out the full Decree nº 9.936/19 here.
* Vitor Koketu and Isabella Aragão