On 18 May 2022, the National Data Protection Authority (ANPD) opened a call for public contributions as part of a move to develop regulations on international personal data transfers, in line with its 2021-2022 regulatory agenda.

The ANPD is seeking to regulate the mechanisms that enable such transfers, as they are vital for developing the digital economy, allowing Brazilian companies to participate in global value chains. The regulation would also ensure the effective protection of data subjects and their personal data.

International data transfers are possible within the framework established by the Brazilian General Data Protection Law (LGPD). According to article 33 of the LGPD, these transfers are allowed provided that they comply with the principles, data subject rights and data protection regime set forth in the law itself. Article 35 of the LGPD provides that the ANPD is responsible for:

  • defining standard contractual clauses; and
  • verifying specific contractual clauses for:
    • some transfers;
    • international corporate rules or seals;
    • certificates; and
    • codes of conduct.

By opening this call for contributions, the ANPD aims to collect relevant information and data for the regulatory process, listening to the interests of different sectors that could be affected by future regulation. The ANPD has published a list of questions (available in English) to assist the public in submitting contributions, which must be sent via the Participa Mais Brasil platform by 17 June 2022.

The ANPD will prepare the draft regulation once the contributions have been collected and analysed, which will be subject to a public consultation and hearing process at a later date.

Complete information on the call for contributions and the ANPD's technical note on the subject are available in English on the ANPD's portal.

For further information on this topic please contact Fabio Ferreira Kujawski, Luiz Felipe Di Sessa, Paulo Marcos Rodrigues Brancher or Thiago Luís Sombra at Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados by telephone (+55 11 3147 7600) or email ([email protected], [email protected], [email protected] or [email protected]). The Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados website can be accessed at www.mattosfilho.com.br.