The European Data Protection Board (EDPB) has adopted its opinion on the European Commission’s draft adequacy decision for Brazil, marking a major step toward enabling the free flow of personal data between the European Union and Latin America’s largest economy.
The opinion, requested by the European Commission, evaluates whether Brazil’s data protection framework provides safeguards that are “essentially equivalent” to those guaranteed under EU law — particularly regarding government access to personal data transferred from Europe. The EDPB welcomed Brazil’s strong alignment with EU standards and case law from the Court of Justice of the European Union, calling it a significant milestone for international data cooperation.
“The EDPB welcomes the convergence between Brazilian and European data protection frameworks. This is a pivotal moment that strengthens legal certainty for organizations transferring personal data from Europe to Brazil,” said EDPB Chair Anu Talus. “We encourage the Commission to address remaining issues to ensure the effective protection of individuals’ fundamental rights.”
The Board, while broadly positive, urged the Commission to provide further clarification and oversight in key areas, including the scope of Brazil’s data protection law, the powers of Brazil’s national data protection authority, and transparency limits concerning trade secrets and onward data transfers.
Brazil’s General Data Protection Law (LGPD) does not generally apply to data processed by public authorities for national security, defense, or criminal investigations. However, the EDPB noted positively that Brazil’s Federal Supreme Court has interpreted the LGPD as applying in part to criminal investigations and public order contexts.
The opinion is part of the multi-step process for adopting an adequacy decision under Article 45 of the EU’s General Data Protection Regulation (GDPR). Once finalized, the decision will allow personal data to move freely from the EU to Brazil without additional transfer mechanisms, strengthening cross-border digital trade and regulatory trust between the two regions.
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