Brazil and the EU: One Step Closer to Free and Safe Data Flows
The European Commission has taken the first step towards adopting a data adequacy decision with Brazil. This move would enable the free flow of personal data between the EU and Brazil, offering major benefits for businesses, public authorities, and researchers operating across both regions.
Why This Matters
Brazil has been recognised by the Commission as offering an ‘adequate’ level of data protection, meaning its legal framework provides comparable safeguards to those set out under the EU’s General Data Protection Regulation (GDPR). Once formalised, this mutual recognition will remove barriers for data transfers between the EU and Brazil, creating one of the broadest adequacy frameworks to date.
A Step Toward Global Data Alignment
The decision aligns with the EU’s broader aim to strengthen ties with countries that uphold high standards of privacy and data protection. Brazil is a key international partner, with strong cultural and economic links to Europe. By recognising each other’s frameworks, both sides aim to reinforce consumer trust and digital trade.
Voices from the Commission
Henna Virkkunen, Executive Vice President for Tech Sovereignty, Security, and Democracy, commented: “In these uncertain times, we must work closer to our natural partners. Brazil is evidently one of them.” She added that the mutual adequacy decisions will help bring both economies closer together, benefiting over 670 million people.
Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, also welcomed the decision, highlighting Brazil’s robust legal framework for data privacy. He stated: “When personal data is protected, so too are consumer rights, ensuring individuals have control, transparency, and security in their interactions with businesses and services.”
What Happens Next?
The draft adequacy decision will now be reviewed by the European Data Protection Board (EDPB) and will need approval from EU member states. The European Parliament also retains the right to scrutinise the decision. Once this process is complete, the Commission can formally adopt the final adequacy decision.
Like other adequacy decisions, this one will be subject to periodic review to ensure it continues to offer a sufficient level of protection.
What This Means for You
This is great news for organisations involved in international operations with Brazil. It will simplify data flows, reduce the need for Standard Contractual Clauses or Transfer Impact Assessments, and enhance business agility across borders. It also sends a clear signal that robust privacy frameworks support, not hinder, global innovation and cooperation.
Frequently Asked Questions
What is a data adequacy decision?
A data adequacy decision is a ruling by the European Commission confirming that a non-EU country provides data protection that is essentially equivalent to the EU’s GDPR. It allows personal data to be transferred freely to that country without extra safeguards.
Why does the EU want a data adequacy agreement with Brazil?
Brazil has built a strong legal framework for protecting personal data, similar to the GDPR. The EU sees Brazil as a key economic and political partner, and mutual adequacy will simplify data transfers while maintaining high privacy standards.
How will this benefit UK businesses?
A similar decision will likely be adopted by the UK to grant an adequacy to Brazil, making it easier and faster for businesses to share personal data without needing Standard Contractual Clauses or other legal tools.
Is the EU–Brazil adequacy decision final yet?
No. The draft decision is currently under review by the European Data Protection Board, EU member states, and the European Parliament. It will become final once it passes through the formal adoption process.
Need help understanding how this impacts your organisation? Our consultancy team can support you in navigating international data transfers, assessing adequacy decisions, and updating your data transfer mechanisms. Contact us today to find out how we can help.