ANPD launches public consultation on its Regulation of International Transfers of Personal Data

ANPD launches public consultation on its Regulation of International Transfers of Personal Data

Last Tuesday, the Brazilian National Data Protection Authority (ANPD) opened a public consultation to receive comments and suggestions for its draft resolution on the Regulation of International Transfers of Personal Data and the model of Standard Contractual Clauses.

The draft resolution under consultation regulates personal data transfer operations carried out to foreign countries or international organizations that provide a level of personal data protection suitable to the one provided for in the Brazilian General Data Protection Law (LGPD). This rule also applies to cases in which the controller offers and proves guarantees of compliance with the principles, the rights of the data owner, and the data protection regime provided by the LGPD, in the form of: a) specific contractual clauses for a given transfer; b) standard contractual clauses; or c) global corporate standards.

Among its provisions, the regulation proposes that the international transfer of data must be carried out in accordance with the LGPD: when the processing of this data is carried out in Brazilian territory; if it is aimed at processing the data of individuals located in national territory; or if the personal data being processed is collected in Brazil. It also stipulates that processing agents must provide sufficient guarantees of compliance with the data protection regime established in the LGPD.

Regarding the standard contractual clauses, the draft resolution includes a template as an annex and establishes that it must be fully followed, guaranteeing the validity of the international transfer of data. In the case of cross-border data exchange between organizations in the same economic group, the resolution states that their global corporate standards must be linked to the implementation of a comprehensive privacy governance program.

The consultation will be available until 14 September on the “Participa + Brasil” platform, and the contributions made can also be accessed by logging in to the Brazilian Federal Government portal.

More information can be accessed through the link: https://www.gov.br/participamaisbrasil/regulamento-de-transferencias-internacionais-de-dados-pessoais-e-do-modelo-de-clausulas-padrao-contratuais