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Legal Update

Brazil: President Temer enacted Brazilian Data Protection Law (LGPD)

15 August 2018
Tauil & Chequer Legal Update
On August 14, 2018, the Brazilian Data Protection Law was signed, with vetoes, by President Michel Temer.

Among the vetoes, the main change in the official bill is the exclusion of the text that considers the creation of a National Authority for Data Protection in Brazil.

In accordance with the original text, this authority would be a governmental agency linked to the Ministry of Justice and would be the responsible for the elaboration of the future guidelines regarding the National Policy for Protection of Personal Data and Privacy, as well as to inspect and apply sanctions.

This presidential veto was based on the fact that only the Executive Branch has the prerogative to create new public organizations that would involve new expenditures in the Union’s budget.

It is expected that the President Temer will also veto the provision regarding penalties on companies through the partial or total suspension of activities related to data processing.

In addition to addressing issues related to personal data protection, the recently signed law amends Law No. 12,965 of April 23, 2014—the Brazilian Civil Rights Framework for the Internet—which deals with the principles, guarantees, rights and duties for the use of the Internet in Brazil.

Authors

  • Eduardo Maccari Telles
    T + 55 21 2127 4229
  • Cristiane Manzueto
    T + 55 21 2127 4235
  • Daniel Becker
    Associate
    T +55 21 2127 1640
  • Natalia Menezes
    T +55 21 2127 4234
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