General data protection law (LGPD) & commercial board of the state of São Paulo

published on 9 September 2020 | reading time approx. 1 Minute
 

LGPD

The Federal Senate approved on Thursday (26) the Project Law (PLV) 34/2020, which was originated by Provisional Measure (MP) No. 959/2020. However, article 4 of the text, which aimed at postponing the entry into force of the General Data Protection Law (LGPD) was removed.
 

With the removal of article 4 of the text, in theory, the postponement of the LGPD would be suspended, returning to the prevailing term established by the original law, which defined that the LGPD would come into force on 14 August 2020. Thus, the law would take effect immediately.
 

However, the articles that establish sanctions for non-compliance will only be valid as of August 2021. The law provides for warnings, fines ranging from 2 per cent of the company's annual revenue, and the total or partial prohibition of activities related to the treatment of information.
 

In order to fully comply with the provisions of the LGPD, Companies must initiate the adequacy procedures as soon as possible, including mapping personal data, preparing impact reports and adjusting procedures / practices, appointing the CPO responsible for the data and adjusting IT systems to be totally in compliance with the new law.
 

Finally, we emphasize that the Project of the Law will now go to the President of the Republic, who may sanction or veto it.
 

Commercial Board Of The State Of São Paulo

The governor of São Paulo, announced on Monday (24) that the opening of companies in the state will be exempt from state taxes for 60 days from this Tuesday (25).
 

The measure aims to stimulate economic recovery and entrepreneurial activity, said the governor at a press conference at the Palácio dos Bandeirantes, headquarters of the state government.
 

Companies classified as Limited Liability Individual Entrepreneur (LTDA), Limited Liability Individual Entre­pre­neur (EIRELI), Joint Stock Company (S/A), Public Company, Individual Entrepreneur (EI) and Coopera­tive Society are exempt from opening fees at the Board of Trade of the State of SP (Jucesp).
 

The measure began on Tuesday (25), with the publication of the measure in the Official Gazette, and runs until 23 October.
 

We at Rödl & Partner are available to discuss practical questions on these topics and to support your company.