Brazil’s Data Protection Authority calls for contributions to international data transfers

On May 18, 2022, the National Data Protection Authority (ANPD) opened a call for public contributions as part of a move to develop regulations on international personal data transfers, in line with its 2021-2022 regulatory agenda.

The ANPD is seeking to regulate the mechanisms that enable such transfers as they are vital for developing the digital economy, allowing Brazilian companies to participate in global value chains. The regulation would also ensure the effective protection of data subjects and their personal.

International data transfers are possible within the framework established by the Brazilian General Data Protection Law (LGPD).  According to Article 33, these transfers are allowed provided that they comply with the principles, data subject rights and data protection regime set forth in the law itself. Article 35 provides that the ANPD is responsible for defining standard contractual clauses, as well as verifying specific contractual clauses for given transfers, international corporate rules or seals, certificates, and codes of conduct.

By opening this call for contributions, the ANPD aims to collect relevant information and data for the regulatory process, listening to the interests of different sectors that could be affected by future regulation. The ANPD has published a list of questions (available in English) to assist the public in submitting contributions, which must be sent via the Participa Mais Brasil platform by June 17, 2022.

The ANPD will prepare the draft regulation once the contributions have been collected and analyzed, which will be subject to a public consultation and hearing process at a later date.

Complete information on the call for contributions and the ANPD’s technical note on the subject are available in English on the ANPD’s portal.

For further information about the ANPD’s activities and other aspects of data protection, please contact Mattos Filho’s Data Protection & Cybersecurity practice area.

*The summary of this article is available in German, French, Japanese and Italian at this link.