Brazil and the European Union recognize equivalence in personal data protection

The National Data Protection Authority (ANPD) and the European Commission published, on January 26, 2026, simultaneous decisions recognizing that Brazil and the European Union ensure essentially equivalent levels of personal data protection. This marks a historic milestone for the data protection agenda and international trade, positioning Brazil as a reliable country in the global flow of information.

In addition to facilitating the exchange of information and harmonizing regulatory practices, the recognition establishes a periodic monitoring mechanism every four years.

With the adequacy decision, international data transfers between Brazil and the EU can now occur freely, without the need for Standard Contractual Clauses, Binding Corporate Rules, or other additional instruments. This measure significantly reduces regulatory bureaucracy for cross-border digital operations.

However, the decision does not apply to transfers exclusively intended for public security, defense, national security, or criminal investigations.

The recognition is reciprocal: the ANPD also declares the EU as a jurisdiction with adequate protection, covering all Member States, European Economic Area countries (Iceland, Liechtenstein, and Norway), and the bloc’s institutions, as per ANPD Resolution CD No. 32/2026.

In practice, the decision has impacts for citizens, businesses, and public authorities.

For citizens, it consolidates data protection as a fundamental right, elevates digital dignity standards, ensures data protection even in international transfers, fosters scientific and clinical research reliant on data exchange, and enhances data subjects’ empowerment—including Europeans—by guaranteeing effective defense mechanisms, thereby reinforcing trust in digital services.

For Brazilian businesses, adequacy does not reduce obligations; on the contrary, it raises the level of accountability. The decision requires well-structured Privacy Governance Programs aligned with legal and regulatory guidelines. Maintaining adequacy status depends on the robustness of Brazil’s system, as signs of non-compliance could lead to suspension of recognition by the European Commission.

For public authorities, international cooperation is strengthened, and Brazil’s recognition as an adequate country encourages investments and serves as an indicator of high institutional maturity in data protection.

Although the international transfer mechanism has been recognized, the ANPD still needs to advance in regulating the security measures provided for in Article 46 of the LGPD, defining minimum technical parameters, objective criteria for information security maturity, and best practices aligned with international standards. This advancement is essential to reinforce the resilience of Brazil’s system amid rising cyber incidents and to sustain, in the long term, international recognition of Brazil’s protection level.

It is crucial to maintain heightened attention to technical and administrative data protection measures, incident prevention and response, privacy governance, and continuous demonstration of compliance. Weaknesses in security could lead to sanctions, undermine data subjects’ trust, and ultimately jeopardize the adequacy decision itself, which is subject to ongoing monitoring and may be suspended or reviewed.

In light of these recent regulatory updates, Peck Advogados has a team of prepared specialists with extensive experience in international data transfers and contractual risk management, ready to support your institution in strategic and regulatory alignment, as well as in implementing necessary measures tailored to your business reality.

For more information or to schedule a conversation with our specialists, contact us at contato@peckadv.com.br.

Prepared by: Dr. Cecília Castro, Privacy and Information Security Manager, and Dr. Mario Baldir, Lawyer Specialized in Privacy and Information Security.

AUTHOR

• Mario Baldir
• Cecilia Castro