On May 18th, 2022, the National Data Protection Authority (ANPD in Portuguese) began taking subsidies to collect society’s collaborations for the purpose of elaborating the regulation on international personal data transfers. The measure aims to define contractual clauses and other guidelines on the subject and is fulfilling the regulatory agenda 2021-2022 published in Ordinance No. 11/2021.
Taking Subsidies is considered a key instrument by ANPD, because through the public call will be collected information and data relevant to the regulatory process, from the listening of the different engaged sectors that will possibly be affected by the publication of the normative act of regulation on international transfers of personal data.
To instruct the Taking Subsidies, ANPD shared 20 (twenty) questions that must be answered by society by June 17, 2022. The questionnaire is available exclusively on the Platform participates more Brazil (Participa Mais Brasil in Portuguese).
In a technical note on the subject and in view of Law 13.709/2018 – General Data Protection Law (LGPD in portuguese), ANPD explains that “the regulation of arts must be discussed. 33 and 35 of the LGPD, so that the protection of personal data of Brazilian holders is not an impediment to the insertion of the country in the global economy, as well as innovation and economic development do not impair the protection of such a fundamental right and solidification. in the national territory.”
In LGPD, international transfer of personal data is allowed in the hypotheses listed in the article. 33, to be complemented by ANPD regulation, according to its art. 35:
Art. 35. The definition of the content of contractual clauses, as well as the verification of specific contractual clauses for a certain transfer, global corporate rules or stamps, certificates and codes of conduct, is referred to in item II of the caput of art. 33 of this Law, will be carried out by the national authority.
In this sense, it will be up to ANPD the relevant role of establish practical guidelines and concepts for the new regulation on international personal data transfers, bringing effectiveness and detail to LGPD articles.
Upon completion of Taking Subsidies, ANPD will prepare the draft regulation on international transfers of personal data, which will be the subject of consultation and public hearing.