The Brazilian Senate currently finds itself in discussions over Bill No. 4530/2023 (“PL 4530/23”) which, if passed, would introduce amendments to laws governing data protection compliance in the country. A key element of PL 4530/23 consists of adjustments to Law No. 13.709/2014 – commonly known as the Brazilian Data Protection Law (Lei Geral de Proteção de Dados, or “LGPD”).
Crucially, these proposed tweaks to the LGPD translate to an increase in fines capable of being applied in light of LGPD violations. This development will undoubtedly demand myriad corporations and law firms to revisit their current data protection systems and strategies, given the substantially more punitive consequences of any potential oversight.
Furthermore, the changes encapsulated within PL 4530/23 extend to the amendment of Law No. 8.079/1990 (“Consumer Defense Code”). Here, provisions have been tabled that would prohibit the collection of personal data without duly informing those from whom the data is being collected.
In order to keep themselves abreast of these evolving legal matters, legal professionals would be well-served familiarizing themselves with the detailed specifics of these proposed amendments. This not only helps prepare for the possible legislation changes but also preempts preparing for the potential need to revisit data protection practices in their respective corporations or firms.
For more information on PL 4530/23, view the original article where Hogan Lovells, among others, provide a comprehensive overview on the matter.