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Colorado House Votes on SB190, Senate Reconciliation is Next

Updated 6/9/21 @ 11am: The Colorado Senate unanimously voted 34-0 on concurrence and final passage of SB190. It now heads to Gov. Polis, who will have 10 days to sign or explicitly veto it.CPA applies to businesses collecting data on more than 100,000 individuals, or those earning revenue from the data of more than 25,000 consumers. It includes standard data subject rights, an opt-out consent model with a universal opt-out mechanism, and a right to cure, all subject to normal AG rule-making and enforcement.

CPA is effective July 1, 2023 unless vetoed by the Gov. The biggest difference when compared to Virginia or CPRA is the broad requirement (with fewer exemptions) for data protection privacy assessments.

A more specific compliance issue Colorado presents, according to attorney David Zetoony, is the required data protection assessment. Such examinations are also required in the Virginia Consumer Data Protection Act, but Colorado does not exempt companies from these assessments like Virginia.

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The Colorado Privacy Act SB190 has passed the Colorado House of Representatives by a vote of 57-7. While the bill must return to the Senate for final reconciliation of amendments made by the House, it’s most likely. Unless the Governor vetos it, which is improbable, the amendments will be reconciled in the next few days.

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Brazil’s LGPD Now Effective

Privacy rights regulation is expanding beyond the GDPR and CCPA with Brazil’s privacy law referred to as the LGPD (Lei Geral de Proteção de Dados Pessoais) now effective as of September 18, 2020. While penalties for infractions will be applied on August 1, 2021.

On August 25, 2020, the Brazilian House of Representatives approved the Provisional Measure (MP) No. 959/2020, including the text stating the enforcement date for LGPD would be December 31, 2020. However, the next day August 26, 2020, the Brazilian Senate approved the Conversion Bill (PLV) 34/2020, which originated from the Provisional Measure but due to the “question of order” raised by a senator, that Article 4 of the MP would postpone the LGPD, the enforcement date was removed from the legal text by the Brazilian Senate.

On August 27, 2020, a decision was made in the Senate, the Brazilian federal government published the Decree No. 10,474/2020, approving the regulatory structure of the Autoridade Nacional de Proteção de Dados known as the National Data Protection Authority (ANPD). Under the decree, the ANPD will be linked to the office of the President of Brazil and equipped with technical and decision-making autonomy with limited independence.

The ANPD will include a Directing Council that consists of five members directly appointed to the chief of staff of the presidency. The existence of the ANPD is a matter of adequately nominating the members of the Directing Council, which is in the hands of the Senate, and that’s only after a rigorous selection process.

As for this scenario, when the LGPD starts it depends on when Brazil’s President Jair Bolsonaro sanctions the PLV, which could occur anytime within the next 15 days. Brazilian privacy professionals view the LGPD as a positive move, as it reduces the uncertainties and the validity of the LGPD and validates the creation of the DPA (responsible for the inspection and regulation activities of its provisions)

Even though sanctions involving the LGPD have been postponed until August 2021, the consumer protection authorities, civil society groups, and public prosecutors could still initiate legal proceedings against Brazilian and foreign companies based on privacy issues. This new legal practice in Brazil makes for a promising time for the privacy community, private sector, and different professional organizations. Although it has not been an easy road for this new legal practice, neither was the GDPR or CCPA.

Monique Becenti
About Monique Becenti
Monique Becenti is the Product Marketing Manager at Truyo. She has deep technical knowledge in technology with an emphasis on data privacy.
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