General Personal Data Protection Law: penalties may apply from August

On August 14, 2018, the General Law for the Protection of Personal Data (LGPD) No. 13.709/2018 was enacted, with wording improved by Law No. 13.853/2019. In the first chapter of the standard, it is possible to see its purpose, that is, to provide for the processing of personal data, including in digital media, by a natural person or by a legal entity governed by public or private law, in order to protect fundamental rights freedom and privacy and the free development of the natural person’s personality.

Suitability of legal entities

In article 65, the diploma provides that articles 52, 53 and 54, which deal with penalties for non-compliance, will come into force on August 1, 2021. Thus, the adequacy of legal entities to mentioned devices, with regard to the processing, use and sharing of personal data. With the exception of items I and I-A of art. 65 (including the matter regarding sanctions), the rest of the legislation has been in force since August 2020. If they do not apply, the sanctions provided for in the LGPD may be applied.

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