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Commission proposes to create area of free and safe data flows between the EU and Brazil

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The Commission has launched the process towards the adoption of a data protection adequacy decision with Brazil. The Commission has determined that Brazil ensures an adequate level of data protection - comparable to that of the EU.

Once adopted, the decision would allow for free data flows for businesses, public authorities, and research projects between the EU and Brazil, one of the widest scopes possible for a data adequacy decision under the General Data Protection Regulation. The Brazilian authorities have also initiated a process to adopt an equivalent decision to allow for Brazilian data to flow freely to the EU.

Tech Sovereignty, Security, and Democracy Executive Vice President Henna Virkkunen said: “In these uncertain times, we must work closer to our natural partners. Brazil is evidently one of them. We work together on common challenges, and share close cultural and economic ties. Our mutual adequacy decisions will be a crucial step in bringing our economies closer together, to the benefit of our combined 670 million consumers.”

Democracy, Justice, the Rule of Law and Consumer Protection Commissioner Michael McGrath (pictured) said: “Brazil has built a robust framework for safeguarding privacy and personal data, firmly anchored in the protection of fundamental rights. Strengthening partnerships with countries that uphold the highest standards of data protection is both natural and essential. Mutual adequacy decisions represent a vital step in that direction. When personal data is protected, so too are consumer rights—ensuring individuals have control, transparency, and security in their interactions with businesses and services.”

The draft decision will now be transmitted to the European Data Protection Board (EDPB) for its opinion. As part of the adoption procedure, the Commission will also seek approval from a committee composed of representatives of EU member states. In addition, the European Parliament has a right of scrutiny over adequacy decisions. When this procedure is complete, the Commission can proceed to adopting the final adequacy decision.

Once in place, the functioning of the adequacy decision will be subject to periodic reviews carried out by the Commission, together with European data protection authorities.

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