Brazil: ANPD calls for comments on regulation of international data transfers
The Brazilian data protection authority ('ANPD') announced, on 18 May 2022, that as of the same date, it is accepting comments and submissions for the preparation of regulations on international data transfers. In particular, the ANPD noted that the regulation of international data transfers will allow competitiveness in the Brazilian market, as well as ensuring the effective protection of data subjects and their personal data. As such, the ANPD added that the regulations on this matter will be released in stages, following the contributions made, with the first stage focusing on the contractual instruments for international data transfers, namely Standard Contractual Clauses ('SCCs'), specific contractual clauses, and Binding Corporate Rules ('BCRs').
More specifically, the ANPD stated that it is seeking comment on set questions, including, among others:
- the current obstacles for companies to transfer data;
- the best way to promote convergence and interoperability between contractual instruments for international data transfers, with instruments from other jurisdictions;
- the most effective and most used instruments to enable international data transfers by different types of organisations;
- the main benefits and impact of international data transfers, and the best alternatives for addressing them in contractual instruments;
- the criteria and/or requirements which should be considered in regulating SCCs, specific contractual clauses, and BCRs, and why;
- whether SCCs should be rigid and with predefined content, or should allow certain flexibility; and
- the most appropriate format for the ANPD to make available models of SCCs.
Comments must be sent exclusively through the Participa Mais Brazil portal by 17 June 2022.
UPDATE (16 June 2022)
ANPD extends deadline for comments on regulation of international data transfers
The ANPD announced, on 15 June 2022, that the deadline for submission of comments on the regulation of international data transfers has been extended, from 17 June 2022 to 30 June 2022.
You can read the press release in English and Portuguese here.