Brazil
Countries with an adequate level of protection : Transfers to countries or international organizations recognized by the ANPD as providing a level of protection comparable to the LGPD. Standard Contractual Clauses (SCCs): SCCs may be incorporated either in a dedicated contract solely governing international transfers or through an addendum to an existing agreement. Existing contracts must be updated within 12 months of the regulation’s publication. The ANPD may also recognize equivalent SCCs from other jurisdictions if they are compatible with the LGPD. Specific Contractual Clauses: Controllers may implement tailored clauses to ensure full compliance with LGPD principles and data subject rights when SCCs cannot be applied due to exceptional circumstances. Global Binding Corporate Rules: Applicable to multinational corporate groups, subject to ANPD approval, specifying the details of transfers, categories of data, involved entities, purposes, responsibilities, and communication channels with data subjects. Seals, certifications, and codes of conduct: These mechanisms are permitted provided they ensure adherence to LGPD principles and safeguard the rights of data subjects.
(ii) when the controller demonstrates adherence to LGPD principles and data subject rights through specific agreements or mechanisms like standard data protection clauses, corporate rules, or codes of conduct approved by the ANPD; (iii) for international legal cooperation among public intelligence or law enforcement agencies; (iv) to protect the life or physical safety of the data subject or others; (v) with authorization from the ANPD; (vi) under international cooperation agreements; (vii) for executing public policies or services; (viii) with explicit consent from the data subject, clearly informed about the transfer's international aspect; and (ix) to meet the requirements in items II, V, and VI of Article 7. Complementing these provisions, the ANPD issued Resolution No. 19/24, which regulates international data transfers and defines the content of Standard Contractual Clauses, as provided under the LGPD. The resolution aims to ensure legal certainty and protect the rights of data subjects, regardless of where their personal data is processed. It defines an international transfer of personal data as any operation in which a data exporter transfers personal data to a data importer, requiring the identification of the processing agents involved in the transfer. Resolution No. 19/24 establishes that international data transfers are permitted only when based on a legal basis under the LGPD and supported by one of the following mechanisms:
https://klalaw.com.br/en/home/
Made with FlippingBook - PDF hosting