The regulation of international transfer matters is part of the ANPD's regulatory agenda for 2023, in addition to fulfilling the Authority's obligation under Articles 33, 35 and 36 of Brazil’s General Data Protection Law (the “LGPD”).
The draft Resolution addresses the main points indicated by the LGPD in relation to international transfers: it addresses the transfer of personal data to foreign countries or international organizations of which Brazil is a member—whether or not they meet the minimum standard of personal data protection and of information security.
In addition, it introduces Standard Contractual Clauses (SCC) templates, the flow of approval for Specific Clauses (SC) and Global Corporate Standards (GCS), provided for in the LGPD as mechanisms to ensure data protection in transfers of personal data to countries considered as not adequate. Finally, it provides for the mechanism of the Adequacy Decision, which will determine how the ANPD will define the countries deemed adequate to allow international transfers.
The public consultation period will remain open until September 14, and information on the public hearing surrounding the draft Resolution—the next step before the Resolution’s approval—will be released soon.