On Wednesday 5 November, the European Data Protection Board (EDPB) adopted its opinion on the proposal for an adequacy decision on the transfer of data between Brazil and the European Union.
In this opinion – positive, but with a few reservations – the EDPB considers that Brazil offers an “adequate” level of data protection, with the Brazilian LGPD law incorporating the central principles of the European framework (transparency, rights of individuals, security).
Doubts remain, however: the EDPB points to sensitive issues concerning compliance obligations (DPIA), exceptions to information on the grounds of industrial secrecy, and access to data by the Brazilian authorities for judicial and security purposes.
The Committee calls on the Commission to set up a monitoring system and to provide precise clarifications before implementing the adequacy decision.
Brazil, for its part, sees an opportunity to attract more investment in digital services. The final decision could be taken by the end of the year. (Original version in French by Isalia Stieffatre)