Brazil and the European Union have announced the reciprocal recognition of the adequacy of their personal data protection regimes, indicating that Brazil’s General Data Protection Law (Law No. 13,709/2018 – “LGPD”) and the European Union’s General Data Protection Regulation (“GDPR”) provide equivalent levels of data protection.
The initiative, officially announced on January 27, 2026, represents an important milestone for the international flow of data between the two jurisdictions and is expected to simplify international transfers of personal data involving Brazil and the countries of the European Union.
In practice, such recognition facilitates the international sharing of personal data between Brazil and the European Union, generally eliminating the need to adopt supplementary transfer mechanisms, such as specific or standard contractual clauses.
The agreement encompasses the 27 Member States of the European Union, as well as the countries of the European Economic Area — Iceland, Liechtenstein, and Norway —totaling 30 jurisdictions.
The adequacy decision ensures the protection of rights and legal certainty whenever the circulation of data is necessary for economic activities, service provision, scientific research, institutional cooperation, and the use of digital platforms with international operations. However, in accordance with the express limits set forth in the LGPD, it does not apply to data transfers carried out exclusively for purposes of public security, national defense, State security, or the investigation and prosecution of criminal offenses.
The benefits of adequacy for Brazilian citizens are relevant, as their personal data, when lawfully transferred to the European Union, will receive a level of protection equivalent to that afforded to European citizens, with effective oversight and accountability mechanisms. From a corporate perspective, adequacy provides greater legal certainty and reduces bureaucracy and regulatory costs in operations between Brazil and the European Union, by dispensing with additional transfer mechanisms and complex compliance procedures.
Accordingly, this new milestone will be essential to streamline operations, accelerate business activities, facilitate commercial partnerships, and foster innovation and international cooperation initiatives for companies in both Brazil and the European Union. For further information, please contact Saud Advogados.
