Brazil: Provisional Measure No. 869/18 Creates The Brazilian Data Protection Authority And Amends Several Articles Of The Brazilian General Data Protection Law

On May 28, 2019, Provisional Measure No. 869/18 was approved by the Brazilian Chamber of Deputies, promoting amendments to several articles of the Brazilian General Data Protection Law (in Portuguese, Lei Geral de Proteção de Dados - LGPD - Law No. 13,709/2018), enacted in August 2018; and created the Brazilian Data Protection Authority (Autoridade Nacional de Proteção de Dados - ANPD). On the following day, on May 29, 2019, the Provisional Measure was transformed into Conversion Bill No. 7/2019, as a result of the alterations made in the Chamber of Deputies, being also approved in the Federal Senate.

In Conversion Bill No. 7/2019, the creation of the National Data Protection Authority (ANPD) was maintained, however, its nature was determined to be transitory, and it may be transformed by the Executive Branch, within two (2) years, into an entity of the Indirect Public Administration, subject to a special autarchic regime and linked to the Presidency of the Republic. The structure given by MP 869/2018 to the ANPD was, therefore, preserved.

In addition to the creation of the ANPD, the Conversion Bill also maintained the deadline for the LGPD to enter into force as of August 2020.

The main changes brought by Conversion Bill No. 7/2019 are:

  • The Data Protection Officer (DPO), who previously had no qualification requirements, must now have legal and regulatory knowledge, as well as the ability to provide specialized data protection services
  • An economic group may appoint a single DPO for companies of the same economic group, provided that access is facilitated.
  • The ANPD will define the cases in which operators (data processors) must also appoint a DPO as in the original text of the LGPD only controllers had such obligation.
  • In the original text of the Provisional Measure No. 869/18, the possibility for a natural person to review decisions made on the basis of automated processing is no longer accepted. However, the Conversion Bill disposed that the ANPD will regulate such situations based on the nature and size of the entity or the volume of data processing operations, establishing the situations in which the review will be made by a natural person.
  • The Conversion Bill provides that in cases of unauthorized access or individual leaks there may be a direct conciliation between the controller and the data subject and, only if there is no agreement, the controller will be subject to the penalties of the LGPD.
  • New penalties to be applied by the ANPD were created, namely: (i) partial suspension of the operation of the database to which the violation refers, for a maximum period of 6 months, extendable for the same period, until the controller regularizes the data processing activity; (ii) suspension of the exercise of the personal data processing activities to which the violation relates for a maximum period of 6 months, extendable for the same period; and (iii) partial or total prohibition of the exercise of activities related to data processing.
  • The Provisional Measure provided the legal basis of health protection as a hypothesis for data processing, as long as it was performed by a health professional or by health entities. The final text of the Conversion Bill includes treatment by health professionals, health services or health authorities in said legal basis.
  • The shared use of sensitive data between controllers in order to obtain economic advantage is allowed, but only when the purpose is the provision of health services, pharmaceutical assistance and health care, including auxiliary services for diagnosis and therapy, provided that it is in the best interest of data subjects.
  • Operators of private health care insurance are expressly prohibited from carrying out data processing activities for the purposes of risk analysis, as well as for the exclusion of beneficiaries.
  • The ANPD has now the competence to indicate deadlines and to edit standards, guidelines and differentiated procedures for startups, small companies and microenterprises, in order to facilitate compliance with the LGPD.
  • Inclusion of two exception to data controllers' obligation to inform other agent with whom it has shared the contents about corrections, deletions or blocking of data requested by data subjects, which are (i) if the transfer is provenly impossible; and (ii) if such transfer entails a "disproportionate effort".
  • The Conversion Bill added the possibility of processing public assessible personal data or data manifestly made public by the data subject, for new purposes, provided that the legitimate and specific purposes for such new treatment and the preservation of the rights of the data subject are duly observed, as well as the principles laid down in the LGPD.
  • Inclusion of two exceptions to the prohibition of transferring data from public authorities to private entities, namely: (i) when there is a legal provision or the transfer is backed by contracts, agreements or similar instruments; and (ii) with the exclusive purpose of preventing fraud and irregularities or to protect the security and integrity of the data subject, provided that treatment is prohibited for other purposes.
  • Public legal entities are prohibited to share personal data of a claimant who invoked the Law of Access to Information (Law No. 12,527/11).
  • The National Council for the Protection of Personal Data and Privacy shall have the following structure: (i) five members of the Federal Executive Branch; (ii) one member of the Federal Senate; (iii) one member of the Chamber of Deputies; (iv) one member of the National Justice Council; (v) one member of the National Prosecutor's Office Council; (vi) one member of the Brazilian Internet Management Committee; (vii) three members of 'civil society' entities acting in relation to the protection of personal data; (viii) three members of scientific, technological and innovation institutions; (ix) three members of union confederations representing the economic categories of the productive sector; (x) two members of entities representing the business sector related to the area of personal data processing; and (xi) two members of representative entities of the labor sector, totalizing 23 members

Finally, it is worth noticing that the abovementioned aspects are the main changes provided by Conversion Bill No. 7/2019, however, there are several other smaller modifications

Subject to presidential sanction, Conversion Bill No. 7/2019 will be assessed by the President of the Republic in order to be turned into law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions