As everyone knows, the Provisional Measure 959 (“MP 959”), which, among other matters, dealt with the validity of the LGPD, was evaluated in the House of Representatives on Tuesday, August 25. At that time, MP 959 became the Bill No. 34 (“PLV 34”), and its article 4th provided that the LGPD would only take effect on December 31.
Following the legislative process, PLV 34 was voted in the Federal Senate on August 27 and, after debates, the Senate presidency declared the inapplicability of the article 4th of the Bill. As a result, the validity of the LGPD will not be postponed, and will come into force as the PLV is sanctioned, which may occur in the next 15 days.
It is worth remembering that the sanctions will only be applicable as of August 2021, and that there are numerous discussions in this context about the retroactive application of the referred articles to the acts practiced in the interval between the terms. Finally, although the ANPDs regulatory structure was also constituted yesterday, we emphasize that it will still need to undergo a confirmation hearing in the Senate.