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From Brazil to the World: Mastering Compliance in Cross-Border Data Transfers

As international data flows intensify, ensuring compliance with Brazil’s General Data Protection Law (LGPD) has become a strategic priority for businesses operating globally. This article unpacks the critical distinctions in what constitutes an international data transfer under Brazilian law and examines the new obligations introduced by Resolution CD/ANPD No. 19/2024.

International transfers of personal data demand meticulous legal attention to ensure both the security of information and the regulatory compliance of all involved parties. Within the framework of Brazil’s General Data Protection Law (LGPD), it is critical to understand that not every movement of personal data qualifies as an international transfer. Under the LGPD, a transfer is characterized specifically when a data exporter located in Brazil shares personal data with a data importer situated abroad. Conversely, when data is collected directly by a data controller or processor established outside Brazil, it does not constitute an international transfer. This distinction is crucial for the proper application of legal requirements and for mitigating risks in data management.

The LGPD applies to any processing of personal data carried out in Brazil, regardless of whether the controller or processor is based abroad, as long as the data subjects are located in Brazil, or if the data has been collected within Brazilian territory. For an international data transfer to be legitimate, it must serve legitimate, specific, explicit, and previously informed purposes, and be underpinned by legal bases outlined in Articles 7 and 11 of the LGPD. Additionally, such transfers must rely on valid mechanisms, including adequacy decisions, standard contractual clauses (SCCs), binding corporate rules (BCRs), or recognized certifications.

With the recent publication of Resolution CD/ANPD No. 19/2024 by Brazil’s National Data Protection Authority (ANPD), companies utilizing contractual clauses to legitimize international transfers have until August 2025 to adopt the newly standardized model clauses mandated by the authority. In addition to providing detailed procedures for recognizing the adequacy of other countries and international organizations—covering Articles 33 to 36 of the LGPD—this resolution also establishes contractual mechanisms for international transfers, including the approval of customized clauses and global corporate rules.

This regulatory update represents a significant step toward ensuring that international data transfers are conducted securely and in compliance with both domestic and international standards, reinforcing clear obligations between data controllers and processors while safeguarding data subject rights. It reflects the broader movement toward enhancing digital sovereignty, securing information flows, and balancing innovation with sustainable growth in the digital economy.

Compliance, however, is not merely declaratory—it requires proactive measures. Organizations must update their data processing records, including detailed information on destination countries, names of data importers, and the legal mechanisms employed. It is equally important to review existing international transfer agreements and align them with Annex II of Resolution CD/ANPD No. 19/2024. Where applicable, companies should also prepare and submit binding corporate rules for approval.

Another critical element is readiness to address data subject requests. Under the LGPD, individuals may demand access to the contractual clauses governing the transfer of their personal data, reinforcing the principles of transparency and accountability. Organizations should, therefore, not only revise their existing procedures but also implement specific policies for international transfers to mitigate risks, prevent breaches, and ensure compliance with the evolving legal landscape.

Successfully managing international data transfers requires an integrated approach: detailed mapping of data flows, robust legal and technical risk assessments, implementation of solid contractual safeguards, and continuous documentation and regulatory updates. This holistic strategy not only protects the rights of data subjects but also enhances organizational resilience and legal certainty in the increasingly interconnected digital world.

 

Article provided by INPLP member: Lorena Botelho and Caroline Teofilo (Urbano Vitalino Advogados, Brazil)

 

 

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Dr. Tobias Höllwarth (Managing Director INPLP)