The European Commission has released the draft adequacy decision recognizing Brazil as a country with a level of data protection equivalent to that of the EU.
On September 5, the European Commission published the preliminary version of the adequacy decision for Brazil. In broad terms, the document recognizes that the country offers a level of personal data protection equivalent to that established by European legislation, which simplifies the process of international data transfers between the jurisdictions.
With the publication, the European Union will begin the final stages of the process for adopting the decision, which include the issuance of an opinion by the European Data Protection Board (EDPB) and approval by the committee composed of representatives of the Member States. Once this procedure is completed, Brazil will join the list of countries considered adequate by the European Commission, currently composed of 16 nations, such as the United Kingdom, Canada, Japan, South Korea, Argentina and Uruguay.
The adequacy decision represents an important milestone in the international context, as it will allow the cross-border flow of personal data in a less bureaucratic manner, eliminating the need for additional safeguards while ensuring high standards of protection.
In Brazil, the Brazilian Data Protection Authority (ANPD) is also conducting its own process to recognize the equivalence of the European framework with the Brazilian Data Protection Law (LGPD). This proceeding is in its final stage of technical and legal review and will subsequently be submitted to the Board of Directors for deliberation, as set forth in the Regulation on International Data Transfers.
KLA's Data Protection team is available to provide guidance and support on the implementation of the requirements established under the Regulation on International Data Transfers (ANPD Resolution No. 19/24).
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