EU–Brazil Data Adequacy Decision

The European Data Protection Board has just adopted its opinion on the European Commission’s draft adequacy decision for Brazil, marking an important step toward recognizing Brazil as a country providing an adequate level of personal data protection under the GDPR framework.

If finalized, this decision will allow personal data to flow freely between the EU and Brazil — enabling cross-border trade, innovation, and digital collaboration, while ensuring individuals’ fundamental rights remain protected.

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Key Highlights

✅ Alignment with EU Law:

The EDPB positively notes that Brazil’s LGPD is closely aligned with the GDPR and reflects the case law of the Court of Justice of the EU. The framework is supported by clear rights for individuals and oversight mechanisms under the ANPD.

✅ Legal Certainty for Businesses:

This decision will strengthen legal certainty for organizations and authorities transferring data between Europe and Brazil, promoting international business while respecting privacy.

✅ Remaining Points to Clarify:

The EDPB urges the European Commission to address several points before final adoption, including:

➡️ Clarification of DPIA requirements;

➡️ Transparency limitations linked to commercial and industrial secrecy;

➡️ Rules on onward data transfers to other jurisdictions.

✅ Monitoring and Enforcement:

The EDPB invites the Commission to further define:

➡️ The ANPD’s investigatory powers over law enforcement and national security authorities;

➡️ The scope of national security exceptions and the oversight mechanisms ensuring proportionality.

An adequacy decision is one of the most important tools in international data protection. It allows data transfers from the EU to a third country without additional safeguards like SCC s or BCR s, recognizing that the third country provides “essentially equivalent” protection to GDPR. Once the adoption process finalized, this decision will simplify compliance for thousands of organizations operating between the EU and Latin America’s largest economy.

For companies operating across both regions, this decision reduces legal complexity but does not eliminate responsibility. Organizations must still:

➡️ Maintain robust TPRM for data processors;

➡️ Ensure compliance with LGPD and GDPR principles simultaneously;

➡️ Implement continuous monitoring and incident response procedures.

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Author: Sebastian Burgemejster