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The amendments brought by PL 1179/20, which changed Article 65 of Law No. 13,709 / 18 (LGPD), postponing the entry into force of Articles 52 to 54, which deal with sanctions, until August 1, 2021 and the other articles for January 1, 2021, they are necessary and prudent, in view of the delicate moment we are experiencing.

ABES associates are doing their “homework”, participating in legislation studies, through work groups promoted by the entity, as well as they have already started implementing governance programs and good practices in privacy and data protection, even before entry into force of that law. We believe that they will continue to do so.

The momentum given by the extension of the LGPD's entry into force is of paramount importance, since the period initially provided for in the law for its implementation was already short. In addition, in the current scenario, companies are totally focused on combating the crisis caused by the Covid-19 pandemic, unable to direct efforts to fulfill the obligations brought by the LGPD. Not only will companies benefit from this postponement, but the Government will also have a longer term to give effectiveness to the National Data Protection Agency (ANPD), which should be committed to promoting education, awareness and transparency, and be formed by a collegiate body whose members must reflect plurality and technicality, enabling legal security for the business sector and civil society. 

ABES congratulates parliamentarians for the prudent initiative. 

Thomaz Côrte Real

Member of ABES Legal Department

Partner of MASantos, Côrte Real e Associados

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