EU and Brazil agree a mutual adequacy decision

The EU and Brazil adopted, on 27 January, mutual adequacy decisions which confirm that their levels of data protection are comparable. This recognition allows for personal data to flow freely between the EU and Brazil.

“These mutual adequacy decisions come in the backdrop of the historic Partnership Agreement (EMPA) and Interim Trade Agreement (iTA) signed on 17 January between the EU and Mercosur [a regional integration process, initially established by Argentina, Brazil, Paraguay and Uruguay]. The decisions will be a building block for strengthening trade between the EU and Brazil and sends yet another strong geopolitical signal, demonstrating the EU and Brazil's shared commitment to multilateralism and the rules-based international order,” the EU Commission says.

The agreements create the largest area of free and safe data flows in the world, benefitting a combined 670 million consumers across the EU and Brazil. In commercial terms, 60,000 European companies export to Mercosur, half of them are small and medium-sized companies, which will benefit from this arrangement. It will provide them with legal certainty over their transfers of personal data alongside their goods and services.

Brazil adopted a GDPR-style data protection law in 2018 and has since created an independent authority. The Commission will review the functioning of its adequacy decision after four years.

See:

• European Commission - The EU and Brazil conclude agreements to create the biggest area of free and safe data flows in the world