The Brazilian congress recently approved Provisional Measure no. 869/2018, and its final enactment depends now on the sanction by Brazilian President Mr. Jair Bolsonaro. Regardless of the pending enactment, however, the mentioned piece of legislation is already valid and in force.

Provisional Measure no. 869/2018 aims at amending the recently passed General Data Protection Law (LGPD, in the Portuguese acronym) and, among other amendments, recreates the National Data Protection Authority as the entity responsible for the application and overview of the LGPD, as well as for imposing any penalties for noncompliance of the LGPD.

Other amendments include an extension to August 2020 of the final deadline for adjustments to the LGPD, a broader definition of the permitted entities to act as Data Protection Officer which includes companies, committees, and other, as well as the possibility of data sharing for healthcare purposes, even if with economic objectives.

With the passing of LGPD and its amendment, the Brazilian legislation converges to the provisions of the European legislation on the matter, pursuing as a result some form of global standardizing data protection procedures and usage control.

We at Emerenciano, Baggio e Associados – Attorneys at Law are prepared to advise on any aspects of the LGPD and its recent amendments.

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