By John Jackson
While it appeared that Brazil’s Lei Geral de Proteção de Dados (LGPD), which was inspired by Europe’s General Data Protection Regulation (GDPR), was going to be postponed until 2021, that is no longer the case. In a shocking decision, on August 26, 2020, the Brazilian Senate reversed the planned postponement of the LGPD and that law will now become effective as soon as it is approved by the President. That could happen any day and will happen within 15 days. There is even discussion of making the effective date retroactive to August 16, 2020.
Originally, the LGPD was supposed to take effect on August 16, 2020. Due to the COVID-19 pandemic, however, it was postponed to May of 2021. On August 25, 2020, the House of Representatives approved an alternative that would make that law effective on December 31, 2020.
One potential bright spot is that administrative sanctions for violating the LGPD will not go into effect until August 1, 2021. Nevertheless, companies who do business in Brazil will need to make LGPD compliance a high priority again.
John M. Jackson has represented clients in patent litigation and complex commercial litigation matters in federal and state courts throughout the country, and in the International Trade Commission (ITC). John has served as trial counsel in more than 125 patent infringement lawsuits nationally and has handed matters before the ITC. He has tried three major patent infringement cases to a jury and has considerable experience with all aspects of the claim construction or Markman process in patent infringement lawsuits. In addition to his intellectual property practice, John co-chairs the Firm’s Cybersecurity Litigation Group and counsels clients concerning data privacy issues. He has earned certification as a Certified Information Privacy Professional (CIPP/US) and a Certified Information Privacy Manager through the International Association of Privacy Professionals.
Jackson Walker Fast Takes: Update on Global Data Privacy Regulations »
John Jackson provides an update on the current status of the alphabet soup of data security regulations involving Brazil’s LGPD, the European Union’s GDPR, and California’s CCPA.
The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice.