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News
MUTUAL RECOGNITION OF DATA PROTECTION STRENGTHENS TRANSFERS BETWEEN BRAZIL AND THE EUROPEAN UNION
At a ceremony held on January 27 at the Palácio do Planalto, Brazil and the European Union recognized that their laws ensure equivalent protection for personal data, allowing this information to flow between the two jurisdictions in a direct, secure, and streamlined manner.
This adequacy decision was expressly provided for in Article 33(I) of the General Data Protection Law (LGPD, Law No. 13,709/2018) as a basis for the international transfer of data, but the coordinated effort for the European Commission to acknowledge that Brazil adequately protects personal data was emblematic, with Brazil, in turn, through ANPD Resolution No. 32/2026, likewise recognized the adequate protection of such data within the European Union.
With this decision, data subjects are assured that transferred information will receive the same level of protection in Brazil and in the EU Member States, under rules that require strict compliance, impose effective oversight, and provide mechanisms for redress in cases of improper collection, use, or sharing.
For companies, this adequacy translates into legal certainty, reducing bureaucracy and costs. Data transfers between Brazil and the European Union can now occur without the need for other international transfer mechanisms to be provided for in regulations, such as more robust contractual clauses, regulatory authorizations, or data subjects’ consent terms. As a result, digital business and innovation are particularly facilitated, with strong potential to boost cooperation in scientific research, healthcare, artificial intelligence, data science, and emerging technologies.
It is worth noting that, in accordance with the limits established by the LGPD itself, the adequacy decision does not apply to data transfers carried out exclusively for purposes of public security, national defense, state security, or criminal investigations. Nevertheless, it is clear that, with this mutual recognition decision, Brazil is positioned among the world’s leading jurisdictions in privacy and data protection