The European Commission released a preliminary opinion last Friday (5) recognizing that Brazil has the same level of personal data protection as European Union legislation for international data transfers. This is part of a process in which the EU assesses the country’s ability to ensure greater legal security in this area and, once finalized, will allow data to flow freely and securely between the two regions without the need for additional protection measures. “This is important news that shows Brazil’s progress and maturity in implementing the General Data Protection Law. If confirmed, it will significantly facilitate organizations in conducting international data transfers between Brazil and European countries in a more secure and less bureaucratic manner,” said Bruna Fabiane da Silva, co-author of the book “LGPD: Beyond the Law” and partner at DeServ Academy, a company specializing in information security and data privacy.

According to the National Data Protection Authority (ANPD), which is also working toward issuing an adequacy decision regarding European legislation, this mutual recognition will bring other benefits to society beyond increased trust. Among them, the ANPD highlighted strengthened citizen rights, simplified international operations, and enhanced 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 trade partners. Having harmonized legal frameworks in personal data protection is a strategic measure to boost commercial relations with the European bloc while preserving data subjects’ rights,” explained Waldemar Gonçalves, President of the ANPD.

The next step, from the European Union’s side, is to initiate the final procedures for future adequacy adoption, which includes obtaining an opinion from the European Data Protection Board (EDPB) and approval from a committee of member state representatives.

Currently, 16 other countries are already recognized as adequate by the European Commission, including the United Kingdom, Canada, Japan, South Korea, Argentina, and Uruguay.