ANPD issues first adequacy decision and establishes a new framework for cross-border operations

In January 2026, the Brazilian Data Protection Authority (ANPD), through Resolution CD/ANPD No. 32, issued its first adequacy decision, recognizing that the European Union provides a level of personal data protection compatible with Brazil’s General Data Protection Law (LGPD).

Reciprocally, the European Union recognized the LGPD as essentially equivalent to the General Data Protection Regulation (GDPR), consolidating Brazil as a jurisdiction with adequate data protection standards in the international landscape.

What changes in practice for companies?

The mutual recognition significantly simplifies international data transfers between Brazil and European Union member states.

As a result of the decision:

• Additional transfer mechanisms, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs), are no longer required for regular transfers between these jurisdictions.
• Operational costs and bureaucratic burdens are reduced.
• Legal certainty and regulatory predictability are strengthened.
• Alignment between privacy programs structured under the LGPD and the GDPR becomes more straightforward.

The impact is particularly relevant for companies operating with:

• Data centers located in Europe
• European processors and service providers
• Global HR operations
• SaaS platforms and technology infrastructures with international hosting environments

Important limitations

The adequacy decision does not apply to transfers related to:

• Public security
• National defense
• State security
• Criminal investigation activities

In these cases, traditional international transfer mechanisms required under applicable legislation remain mandatory.

Risks and implications

Despite the simplification, significant risks remain:

• Transfers conducted outside the scope of the adequacy decision may result in administrative sanctions.
• Companies that presume unrestricted applicability of the equivalence may incur regulatory non-compliance.
• Operations involving multiple jurisdictions (such as the United States, Asia, or other regions) continue to require specific safeguards.

The recognition does not eliminate the need for structured governance — it demands institutional maturity.

Strategic recommendations

Companies maintaining data flows with the European Union should:

• Review international data transfer mapping.
• Update Records of Processing Activities (ROPA).
• Reassess contracts with European controllers and processors.
• Adjust internal policies and transparency documentation.
• Identify parallel transfers to countries without an adequacy decision.

Regulatory simplification should be accompanied by a strategic reassessment of the organization’s international compliance architecture.

Strategic perspective: global competitiveness and institutional maturity

Mutual recognition strengthens Brazil’s position as a reliable commercial partner in data-driven operations.

For Brazilian companies, this represents:

• Greater international competitiveness
• Reduced regulatory friction
• Consolidation of the LGPD as a globally aligned regulatory framework

However, the competitive advantage will depend on the ability to implement integrated and mature governance structures.

The LGPD–GDPR adequacy framework requires a multidisciplinary approach, particularly in the following areas:

• Privacy and Data Protection – structuring and reviewing international data flows
• Compliance and Corporate Governance – strengthening internal control mechanisms
• Corporate Contracts – reviewing international clauses and allocation of responsibilities
• Corporate Investigations and Incident Management – response to potential data breaches
• Digital and Technology Law – regulatory architecture for global platforms

The new regulatory landscape does not eliminate the need for technical structure — it raises the strategic standard.

To understand the specific impacts on your international operations, our team remains available to provide a detailed and tailored assessment.