The European Commission announced last Friday (5) a preliminary opinion recognizing that Brazil has the same level of personal data protection as the legislation of the European bloc, for the purposes of international data transfer. This is a process in which the European Union assesses the country’s ability to ensure greater legal security in this area and, after the final conclusion, will allow data to circulate freely and securely between the two sides, without the need for additional protective measures. “This is important news that shows Brazil’s evolution and maturity in terms of implementing the General Data Protection Law. If confirmed, it will represent an extreme facilitation for organizations to continue with international data transfers between Brazil and European countries more securely and with less bureaucracy,” evaluates Bruna Fabiane da Silva, co-author of the book “LGPD: Much Beyond the Law” and partner at DeServ Academy, a company specialized in information security and data privacy.
According to the National Data Protection Authority (ANPD), which is also working to issue a conformity decision regarding European legislation, this mutual recognition will bring other benefits to society beyond increasing trust. Among them, the ANPD highlighted the strengthening of citizens’ rights, the simplification of international operations, and the increase in competitive advantages for companies on both sides in the global market.
“It is worth noting that the European Union is one of Brazil’s most important trading partners. Having a harmonized legal framework in the area of personal data protection is a strategic measure to boost trade relations with the European bloc, while always preserving the rights of data subjects,” explains Waldemar Gonçalves, President of the ANPD.
The next step from the European Union’s side is to initiate the final procedures for future adoption of the adequacy, which includes obtaining an opinion from the European Data Protection Board (EDPB) and the approval of a committee of representatives from member states.
Currently, another 16 countries are already recognized as adequate by the European Commission, including the United Kingdom, Canada, Japan, South Korea, Argentina, and Uruguay.
