Brazil and the European Union (EU) signed an agreement on mutual recognition in the standards of processing and protection of personal and company data between the two territories.
The measure’s official ceremony took place this Tuesday (27), at Palácio do Planalto, and was attended by the acting president, Geraldo Alckmin, and the European Union (EU) Commissioner for Democracy, Justice, Rule of Law and Consumer Protection, Michael McGrath.
“It will bring more legal security, make life easier for people and companies, reduce costs, improve competitiveness, encourage reciprocal investments. There is a study that shows that digital commerce can grow by 7% to 9% and also an even greater complementarity of services, bringing the European Union and Brazil closer together”, highlighted Alckmin during the event.
The vice-president highlighted that the EU is Brazil’s second largest trading partner, behind only China, and one of the largest direct investors in the country. Alckmin also recalled that this is the first bilateral agreement on data protection signed by Brazil. At the ceremony, he represented President Luiz Inácio Lula da Silva, who is in official trip to Panama.
The decision indicates that the European Commission recognizes that Brazil offers an adequate level of protection of personal data. At the same time, through the National Data Protection Agency (ANPD), the Brazilian State certifies that the European Union maintains standards equivalent to those provided for in the General Personal Data Protection Law (LGPD).
For the European Commissioner, the mutual act that validates equivalence in data protection creates a common area of trust for more than 670 million people, adding up the population of both territories.
“This mutual adequacy decision is indeed very comprehensive as it covers both public and private sectors and will pave the way for the free flow of data, for commerce, citizens, public and private sector, for everyone. I am confident that your data, wherever it is in Europe, will be protected,” said Michael McGrath.
Responsible for monitoring data protection legislation in the country, the ANPD assesses that the measure is a historic milestone for the protection of personal data, for the digital economy and for the consolidation of fundamental rights in an increasingly data-driven world.
The president of ANPD, Waldemar Gonçalves Ortunho Júnior, explains that reciprocal recognition allows international transfers of personal data between Brazil and the European Union to occur in a direct, secure and simplified manner, without the need for other international data transfer mechanisms.
“The adequacy decision ensures that the personal data of Brazilian men and women, when transferred to the European Union, receives protection equivalent to that guaranteed to European citizens”, he assured.
The adequacy decision is an instrument provided for in the LGPD that allows the international transfer of data when the destination country or international organization offers a level of protection considered adequate.
Also according to the ANPD, the measure does not apply to data transfers carried out exclusively for the purposes of public security, national defense, State security or criminal investigation.
