The Brazilian National Data Protection Agency (ANPD) announced today (26) the reciprocal recognition of the adequacy of personal data protection levels between Brazil and the European Union. The official announcement of the decision will take place tomorrow, during a ceremony at the Palácio do Planalto.
The publication confirms that both jurisdictions recognize, through coordinated yet legally autonomous and unilateral decisions, the equivalence of their respective data protection regimes: the Brazilian General Data Protection Law (Law n. 13,708/2018 – LGPD) and the EU General Data Protection Regulation (Regulation EU 2016/679 – GDPR). As a result, personal data may flow freely between Brazil and the European Union without the need for additional transfer mechanisms provided for under the LGPD and ANPD Resolution No. 19/2024, such as standard contractual clauses or binding corporate rules.
This outcome had already been anticipated
Last year, the European Commission published a draft adequacy decision regarding Brazil, indicating a positive assessment of the Brazilian legal and institutional framework. On the Brazilian side, ANPD resumed deliberations on the matter last week, reinforcing expectations that a formal decision would be issued in the near term.
The decision reduces costs and administrative burdens associated with international data transfers, enhances legal certainty, and facilitates cross-border operations, with direct implications for digital business, access to the European market, and the activities of multinational groups and organizations. From the perspective of data subjects, the adequacy finding ensures that personal data transferred to the European Union remain subject to high standards of protection, oversight, and redress mechanisms.
ANPD will host a webinar on the topic on January 28, focused on discussing the practical effects of the decision for individuals, companies, and public authorities. Click here to watch.
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