Opinion of the European Data Protection Board marks a decisive step toward recognition of the equivalence between the LGPD and the GDPR.
By Natália Ferreira
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Legale Overseas, no. 962.
The process to recognize the equivalence between Brazil’s data protection framework (Brazilian Data Protection Law – LGPD) and the European regime (General Data Protection Regulation – GDPR) reached another key milestone in early November. The European Commission received the technical opinion of the European Data Protection Board (EDPB), an essential document for the European Union to formally assess whether Brazil ensures an adequate level of protection for personal data.
The opinion confirms that the Brazilian legal framework demonstrates a high degree of alignment with the GDPR, both due to the regulatory structure of the LGPD and the regulatory activity of the Brazilian National Data Protection Authority (ANPD). This development reinforces expectations that the European Union and Brazil may soon mutually recognize their adequacy decisions.
In addition to validating regulatory convergence between the two regimes, the EDPB highlighted certain points that warrant continued monitoring, such as:
- the need for greater clarity regarding Data Protection Impact Assessments (DPIAs);
- rules on international data transfers and on limitations to transparency based on trade secrets; and
- oversight of the application of the LGPD in contexts involving national security and criminal investigations.
On the Brazilian side, the ANPD reported that the internal technical review stage is nearing completion and will be submitted to its Board of Directors, as provided for under the Regulation on International Data Transfers.
A potential mutual adequacy decision would eliminate the need for additional mechanisms—such as Standard Contractual Clauses—for data transfers between Brazil and the European Union. This would result in a significant reduction in compliance costs, operational simplification, and greater agility for companies operating in international markets, particularly multinational groups, regulated sectors, and digital platforms—organizations that rely on global data flows for their operations.
Furthermore, regulatory integration is expected to strengthen legal certainty, enhance the competitiveness of Brazilian companies, facilitate technological partnerships and innovation, and position Brazil among the world’s leading countries with internationally recognized data governance frameworks.
Upon completion of this process, Brazil is expected to join the list of countries deemed adequate by the European Union—alongside Japan, the United Kingdom, Argentina, among others—marking a historic milestone for Brazil’s digital economy.
Vaz de Almeida Advogados closely monitors the discussions between the ANPD and the European Commission, as well as the practical implications of the future adequacy decision for Brazilian and multinational companies.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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