On August 14, 2018, the Brazilian Data Protection Law was signed, with vetoes, by President Michel Temer.

Among the vetoes, the main change in the official bill is the exclusion of the text that considers the creation of a National Authority for Data Protection in Brazil.

In accordance with the original text, this authority would be a governmental agency linked to the Ministry of Justice and would be the responsible for the elaboration of the future guidelines regarding the National Policy for Protection of Personal Data and Privacy, as well as to inspect and apply sanctions.

This presidential veto was based on the fact that only the Executive Branch has the prerogative to create new public organizations that would involve new expenditures in the Union's budget.

It is expected that the President Temer will also veto the provision regarding penalties on companies through the partial or total suspension of activities related to data processing.

In addition to addressing issues related to personal data protection, the recently signed law amends Law No. 12,965 of April 23, 2014—the Brazilian Civil Rights Framework for the Internet—which deals with the principles, guarantees, rights and duties for the use of the Internet in Brazil.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2018. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.