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INTERNATIONAL
European Union releases preliminary version of adequacy decision
The European Commission released, this Friday (5), the preliminary version of the future adequacy decision, which aims to recognize that Brazil ensures a level of personal data protection equivalent to that provided for in European legislation for the purposes of international data transfers. The initiative marks the final phase of the decision-making process within the European Union, which, upon completion, will ensure greater legal certainty and allow data to circulate freely and securely between the two sides of the Atlantic, without the need for additional protection measures.
On the Brazilian side, the ANPD is working to issue an adequacy decision, recognizing the equivalence of European legislation with the protective regime established by the General Data Protection Law (LGPD). The process is in the final stages of technical analysis and, after legal evaluation, will be submitted for final deliberation by the Board of Directors, as provided for in the International Data Transfer Regulation. Mutual recognition of adequacy between Brazil and the European Union will bring significant benefits to citizens and businesses. These include increased trust, as both markets would enjoy the same level of legal protection; strengthening citizens' rights; simplifying international operations; and increasing the competitive advantages of companies on both sides in the global market.
For the ANPD CEO, Waldemar Gonçalves, the ongoing negotiations are particularly important because they demonstrate a mutual and lasting interest in establishing legal and economic synergies and effectively regulating international data transfers between Brazil and the European Union. "It's worth noting that the European Union is one of Brazil's most important trading partners. Having a harmonious legal framework for personal data protection is a strategic measure to boost trade relations with the European bloc, always preserving the rights of data subjects," he explains.
Now, the European Union will begin the final procedures for future adoption of the adequacy agreement, which includes obtaining an opinion from the European Data Protection Board (EDPB) and approval from a committee of member state representatives. With the completion of the adequacy process, Brazil will join 16 other countries already recognized as adequate by the European Commission, including the United Kingdom, Canada, Japan, South Korea, Argentina, and Uruguay.
The adequacy decision between the European Union and Brazil, which aims to recognize the country as having a level of personal data protection equivalent to that provided for in European legislation, is unprecedented in its scope. This is the most comprehensive process ever conducted by the European Union, both due to the scope and complexity of the analysis and the potential to consolidate Brazil as an international benchmark in data protection, facilitating the cross-border flow of information and strengthening mutual trust between jurisdictions.