backThe adequacy decision is a mechanism established under both the European Union’s General Data Protection Regulation (GDPR) and Brazil’s General Data Protection Law (LGPD). It allows personal data to be transferred between countries without requiring additional safeguards, provided that the receiving country ensures a level of protection equivalent to that of the country of origin. This recognition facilitates international data flows, provides greater legal certainty for organizations, and strengthens the protection of data subjects’ rights.
On September 5, 2025, the European Commission released a draft adequacy decision recognizing Brazil as providing a level of personal data protection equivalent to that of the European Union. The measure, still subject to formal approval steps, is designed to reinforce legal certainty and enable the free circulation of data between the two jurisdictions. On the Brazilian side, the ANPD is finalizing its assessment to also recognize the adequacy of the European Union, in line with the LGPD. Mutual recognition is seen as strategic, as it ensures benefits for citizens and companies such as greater trust, simplified international operations, and enhanced global competitiveness. According to ANPD’s Director-President, Waldemar Gonçalves, regulatory convergence marks an important milestone in legal and economic cooperation with one of Brazil’s main trading partners. Once the European Data Protection Board issues its opinion and the member states’ committee grants approval, Brazil is expected to join the list of countries already recognized by the European Commission, alongside the United Kingdom, Canada, Japan, South Korea, Argentina, and Uruguay.
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