Briefly
On 5 September 2025, the European Fee revealed the Draft Adequacy Resolution recognizing Brazil as a rustic that ensures an sufficient degree of safety for private knowledge, pursuant to Article 45 of the Common Information Safety Regulation (GDPR). This proposal marks the start of the formal process to authorize the switch of non-public knowledge from the European Union to Brazil with out the necessity for added safeguards, successfully treating such transfers as equal to these occurring throughout the EU. The choice should nonetheless bear a number of procedural steps, together with the issuance of an opinion by the European Information Safety Board (EDPB), approval by the Member States, and its subsequent adoption by the European Fee. As soon as formally adopted, the measure is predicted to facilitate worldwide knowledge flows and strengthen regulatory cooperation between Brazil and the European Union within the discipline of knowledge safety.
On 5 September 2025, the European Fee introduced a draft adequacy choice concerning Brazil, recognizing that the nation ensures a degree of safety for private knowledge considerably equal to that required below the GDPR, in accordance with Article 45 of the Regulation. If confirmed, the choice will enable the switch of non-public knowledge from the European Union to Brazil with out the necessity for added safeguards, comparable to commonplace contractual clauses or binding company guidelines, considerably simplifying the dynamics of cross-border operations. The European course of, nevertheless, will not be but full: the proposal should nonetheless be reviewed by the EDPB, authorized by Member State representatives, and subsequently submitted to the European Parliament and the Council for formal adoption.
An adequacy choice, as offered for in Article 45 of the GDPR, has the authorized impact of treating knowledge transfers to a 3rd nation as in the event that they had been happening throughout the Union. To that finish, the third nation’s authorized framework should present sturdy ensures of respect for elementary rights, oversight by an unbiased supervisory authority, and efficient redress mechanisms. International locations comparable to Japan, South Korea, Canada, Argentina, and Uruguay have already acquired this recognition, forming a choose group that Brazil could quickly be a part of.
In Brazil’s case, the evaluation thought-about the Brazilian Common Information Safety Legislation (Lei Geral de Proteção de Dados, or LGPD), constitutional ensures of privateness and intimacy, and the position of the Brazilian Information Safety Authority (Autoridade Nacional de Proteção de Dados, or ANPD) as an unbiased physique with regulatory, supervisory, and enforcement powers. LGPD units forth rights and ideas that carefully mirror these of the GDPR, together with objective limitation, necessity, transparency, safety, and accountability. This alignment was additional strengthened on 23 August 2024, when ANPD issued Decision No. 19/2024, establishing the Regulation on Worldwide Information Transfers and approving Brazilian Normal Contractual Clauses (BR-SCCs). The regulation set a 12-month adaptation interval, which ended on 23 August 2025, after which solely SCCs authorized by the authority, or devices deemed equal by ANPD, grew to become legitimate switch mechanisms for compliance with LGPD. The framework additionally permits for using different mechanisms, comparable to binding company guidelines or particular clauses if approved by the ANPD.
The publication of the draft choice by the European Fee takes place in parallel with the ANPD’s personal efforts to finalize its technical and authorized evaluation aimed toward recognizing the European Union as an sufficient jurisdiction below the LGPD. If confirmed, this might set up a mutual recognition regime, consolidating regulatory interoperability and authorized certainty between the 2 jurisdictions. In response to ANPD, such evaluation is in its remaining phases and must be concluded quickly.
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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation settlement for consulting on international legislation.
Briefly
On 5 September 2025, the European Fee revealed the Draft Adequacy Resolution recognizing Brazil as a rustic that ensures an sufficient degree of safety for private knowledge, pursuant to Article 45 of the Common Information Safety Regulation (GDPR). This proposal marks the start of the formal process to authorize the switch of non-public knowledge from the European Union to Brazil with out the necessity for added safeguards, successfully treating such transfers as equal to these occurring throughout the EU. The choice should nonetheless bear a number of procedural steps, together with the issuance of an opinion by the European Information Safety Board (EDPB), approval by the Member States, and its subsequent adoption by the European Fee. As soon as formally adopted, the measure is predicted to facilitate worldwide knowledge flows and strengthen regulatory cooperation between Brazil and the European Union within the discipline of knowledge safety.
On 5 September 2025, the European Fee introduced a draft adequacy choice concerning Brazil, recognizing that the nation ensures a degree of safety for private knowledge considerably equal to that required below the GDPR, in accordance with Article 45 of the Regulation. If confirmed, the choice will enable the switch of non-public knowledge from the European Union to Brazil with out the necessity for added safeguards, comparable to commonplace contractual clauses or binding company guidelines, considerably simplifying the dynamics of cross-border operations. The European course of, nevertheless, will not be but full: the proposal should nonetheless be reviewed by the EDPB, authorized by Member State representatives, and subsequently submitted to the European Parliament and the Council for formal adoption.
An adequacy choice, as offered for in Article 45 of the GDPR, has the authorized impact of treating knowledge transfers to a 3rd nation as in the event that they had been happening throughout the Union. To that finish, the third nation’s authorized framework should present sturdy ensures of respect for elementary rights, oversight by an unbiased supervisory authority, and efficient redress mechanisms. International locations comparable to Japan, South Korea, Canada, Argentina, and Uruguay have already acquired this recognition, forming a choose group that Brazil could quickly be a part of.
In Brazil’s case, the evaluation thought-about the Brazilian Common Information Safety Legislation (Lei Geral de Proteção de Dados, or LGPD), constitutional ensures of privateness and intimacy, and the position of the Brazilian Information Safety Authority (Autoridade Nacional de Proteção de Dados, or ANPD) as an unbiased physique with regulatory, supervisory, and enforcement powers. LGPD units forth rights and ideas that carefully mirror these of the GDPR, together with objective limitation, necessity, transparency, safety, and accountability. This alignment was additional strengthened on 23 August 2024, when ANPD issued Decision No. 19/2024, establishing the Regulation on Worldwide Information Transfers and approving Brazilian Normal Contractual Clauses (BR-SCCs). The regulation set a 12-month adaptation interval, which ended on 23 August 2025, after which solely SCCs authorized by the authority, or devices deemed equal by ANPD, grew to become legitimate switch mechanisms for compliance with LGPD. The framework additionally permits for using different mechanisms, comparable to binding company guidelines or particular clauses if approved by the ANPD.
The publication of the draft choice by the European Fee takes place in parallel with the ANPD’s personal efforts to finalize its technical and authorized evaluation aimed toward recognizing the European Union as an sufficient jurisdiction below the LGPD. If confirmed, this might set up a mutual recognition regime, consolidating regulatory interoperability and authorized certainty between the 2 jurisdictions. In response to ANPD, such evaluation is in its remaining phases and must be concluded quickly.
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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation settlement for consulting on international legislation.
