Allende & Brea – Estudio Jurídico

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Delfina Bruno

Delfina Bruno

Mercedes Elaskar

Caterina D. Macek

EU Commission published draft adequacy decision for Brazil

The European Commission has released a draft adequacy decision for Brazil, recognizing that the country’s data protection regulatory framework provides a level of protection equivalent to that of the European legislation. Furthermore, the Brazilian Data Protection Authority (ANPD) is preparing a reciprocal decision for data transfers between both jurisdictions.

If confirmed, Brazil will become the third country in Latin America -after Argentina (in 2003) and Uruguay (in 2012)- to be recognized as adequate by the European Commission

Mutual adequacy would allow the free flow of personal data between Brazil and the European Union, strengthening legal certainty, fostering cross-border cooperation, and reducing the need for additional mechanisms for data transfers.

Full text of the adequacy decision available here: https://commission.europa.eu/document/download/f5aee532-70bf-41b1-a94a-8e294a528f6a_en?filename=Draft%20Adequacy%20Decision%20-%20Brazil%20-%20LGPD%20-%20FINAL%20-%20September%202025.pdf.

This report cannot be considered as legal or any other kind of advice by Allende & Brea. For any questions, do not hesitate to contact us.

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