The European Commission released on September 5, 2025, the draft of its future adequacy decision aimed at recognizing that Brazil ensures a level of personal data protection equivalent to that provided under European legislation for the purposes of international data transfers. This initiative marks the final stage of the decision-making process within the European Union and, once completed, will provide greater legal certainty by allowing data to flow freely and securely across the Atlantic without the need for additional protective measures.
In parallel, ANPD (Brazil's National Data Protection Authority) is working to issue its own adequacy decision recognizing the equivalence of European legislation with the protective framework established by LGPD (Brazil's General Data Protection Law). The Brazilian process is in the final stage of technical analysis and, following legal review, will be submitted for final deliberation by the Board of Directors, as provided in the International Data Transfer Regulation. This mutual recognition represents an unprecedented milestone in terms of scope and complexity.
Mutual adequacy recognition will bring significant benefits to citizens and companies on both sides. Key advantages include increased trust with the same level of legal protection in both markets, strengthened citizen rights, simplified international operations, and enhanced competitive advantages for companies in the global market. The ANPD's Director-President emphasized that having a harmonized legal framework in the area of personal data protection is a strategic measure to boost trade relations with the European bloc, while always preserving data subjects' rights.
The European Union will now begin the final procedures for adoption of the adequacy decision, including obtaining an opinion from the European Data Protection Board and approval by a committee of member state representatives. Upon completion of the 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. This is the most comprehensive process ever conducted by the European Union, consolidating Brazil as an international reference in data protection and facilitating the cross-border flow of information.
This post was summarized from its original version using AI, with human review.
Source: ANPD