The European Commission has published the preliminary version of its adequacy decision recognizing Brazil as a jurisdiction with a level of personal data protection equivalent to that established under the General Data Protection Regulation (GDPR), the European standard considered a global benchmark. This recognition represents a significant step forward for Brazil on the international stage, from legal, political, economic, and strategic perspectives. 

The decision facilitates international data transfers between Brazil and the European Union, eliminating the need for specific contractual clauses or individual authorizations. In practice, European companies will now be able to share data with Brazilian partners with greater legal certainty and agility. This development boosts digital business, innovation, and cross-border technological cooperation. 

The Brazilian National Data Protection Authority (ANPD) also plays a role in the regulatory process governing international transfers of personal data, by assessing the equivalence between the Brazilian General Data Protection Law (LGPD) and the GDPR. This interoperability between legal systems strengthens international cooperation mechanisms and reinforces Brazil’s digital governance framework. 

The European decision positions Brazil as a reference in data protection and digital governance. It validates Brazilian legislation, demonstrates trust, and strengthens the country’s image as a stable and mature digital economy. Brazil now joins countries such as Argentina, Uruguay, the United Kingdom, Canada, Japan, South Korea, and New Zealand, which already hold adequacy decisions from the European Commission. 

From a commercial perspective, the decision accelerates transactions between Brazilian and European companies, reducing bureaucratic barriers and operational costs. It also ensures that data subjects – both Brazilian and European citizens – can exercise their rights under mechanisms aligned with international best practices, such as access to personal data, rectification, deletion, and portability. 

More than a technical recognition, this is a political and institutional milestone. The preliminary decision text makes reference to legal instruments that reflect Brazil’s longstanding commitment to fundamental rights, such as Article 5 of the Federal Constitution and international treaties like the Pact of San José of Costa Rica. This reinforces the legitimacy of the LGPD as an expression of a democratic state committed to data protection and privacy. 

In summary, by consolidating mutual trust in data governance, the EU’s recognition of Brazil’s adequacy creates a secure and efficient digital ecosystem, yielding benefits in international coordination, legal certainty, and technological innovation. 

For more information on the EU’s preliminary adequacy decision, visit: https://www.gov.br/anpd/pt-br/assuntos/noticias/uniao-europeia-divulga-versao-preliminar-de-decisao-de-adequacao. 

We will continue to monitor the regulatory and strategic impacts of the EU’s adequacy decision. If you have any questions, please contact our team at: consulting@diblasi.com.br