Brazil Creates a Data Protection Authority

On 14 August 2018 Brazil approved its new General Data Privacy Law (Lei Geral de Proteção de Dados Pessoais or “LGPD”) – a comprehensive law that closely mirrors the European Union’s General Data Privacy Regulation (“GDPR”). Although the LGPD significantly expands Brazil’s data protection framework and places the country among one of the few jurisdictions to provide similar data privacy protections as those offered in the European Union, the new law did not create a data protection authority. This issue was addressed on 28 December 2018 by the outgoing President Michel Temer, who signed a last-minute executive order (Medida Provisória no. 869/18) that made some important changes to the LGPD and most notably created the Brazilian National Data Protection Authority (Autoridade Nacional de Proteção de Dados or “ANPD”). The Brazilian National Data Protection Authority The ANPD is part of the…

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