Brazil’s National Data Protection Authority is gathering contributions concerning international data transfers

On Thursday – moving forward with its regulatory agenda –, Brazil’s National Data Protection Authority (Autoridade Nacional da Proteção de Dados/ANPD) presented a deadline for submission of contributions to future regulation on international data transfers. The idea behind the public consultation is to facilitate the participation of society and of potentially affected sectors in the construction of this regulation. Collecting contributions is a common practice by the ANPD; previously, CD/ANPD Resolutions 1 and 2 were also preceded by this procedure, as were other regulations that have not yet been published. On average, four to five months separate the public consultation and the publication of its respective resolution.

The ANPD has officially recognized the crucial role of international transfers for development of the digital economy, highlighting the importance of regulatory mechanisms to include Brazilian companies in global value chains and ensure effective protection of holders and their personal data. Currently, Brazil’s General Personal Data Protection Law (Lei Geral de Proteção de Dados Pessoais/LGPD) prohibits personal data from being sent to companies that are not under Brazilian jurisdiction, except in very specific situations (arts. 33 et seq. of the LGPD); without this regulation, virtually all companies that do business or use platforms abroad are at risk of non-compliance.

Despite the lack of a specific regulation, BTLAW is ready to provide legal advice on the matter. We offer counseling to clients as to best practices in light of existing privacy and data protection laws in Brazil and abroad; our privacy team includes professionals who have been certified by the International Association of Privacy Professionals (IAPP). For more information about our services and about ways in which we can help you, please contact our specialized team.

Source: https://www.gov.br/anpd/pt-br/assuntos/noticias/tomada-de-subsidios-sobre-transferencias-internacionais-de-dados-pessoais-inicia-nesta-quarta-feira