The Commission proposes a free and secure data circulation zone between the EU and Brazil

Last September 5, the Commission has launched the process of adopting an adequacy decision on data protection with Brazil. The Commission has determined that Brazil ensures an adequate level of data protection, comparable to that of the EU.

 

Once adopted, the Decision would allow for the free flow of data for businesses, public authorities and research projects between the EU and Brazil, which is one of the broadest possible scopes for a data adequacy decision under the General Data Protection Regulation. The Brazilian authorities have also initiated a process to adopt an equivalent decision allowing Brazilian data to flow freely to the EU.

Henna Virkkunen, Executive Vice-President for Technological Sovereignty, Security and Democracy, said: “In these uncertain times, we must work more closely with our closest partners. Brazil is clearly one of them. We work together on common challenges and share close cultural and economic ties. Our mutual adequacy decisions will be a crucial step in bringing our economies closer together, for the benefit of our 670 million consumers.”

Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, said: “Brazil has created a robust framework for safeguarding privacy and personal data, firmly anchored in the protection of fundamental rights. Strengthening partnerships with countries that uphold the highest standards of data protection is natural and essential. Mutual adequacy decisions represent a key step in that direction. When personal data is protected, consumer rights are also protected, ensuring control, transparency and security for individuals in their interactions with businesses and services.”

The draft Decision will now be forwarded to the European Data Protection Board (EDPB) for its opinion. As part of the adoption procedure, the Commission will also seek the approval of a committee composed of representatives of the EU Member States. In addition, the European Parliament has the right to scrutinise adequacy decisions. Once this procedure is complete, the Commission can proceed with the adoption of the final adequacy decision.

Once in force, the functioning of the adequacy decision will be subject to periodic reviews carried out by the Commission, together with the European data protection authorities.

More information: Representation of the European Commission in Spain