Brazil

On August 23, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution 19/2024, approving the Regulation on international data transfers and the content of standard contractual clauses (the “Regulation”).  The Regulation implements the international data transfer framework under the Brazilian General Data Protection Law (“LGPD”).

Under the LGPD, international data transfers from Brazil to a third country are permitted if: (i) the ANPD recognizes the third country as providing adequate protection for personal data; (ii) the data exporter and data importer enter into standard contractual clauses (“SCCs”), binding corporate rules, or special contractual clauses; or (iii) one of the specific cases listed in the LGPD applies (e.g., the transfer is necessary to protect the life of the data subject, the data subject consents to the transfer, or the ANPD authorizes the transfer).  The Regulation relates to the data transfer instruments mentioned in (i) and (ii).

Standard Contractual Clauses
The Regulation approves and publishes SCCs for the transfer of personal data outside of Brazil without ANPD’s authorization.  The SCCs cover both controller-to-controller and controller-to-processor international data transfers.  Like the EU SCCs, they are contracts signed between the data exporter (in Brazil) and the data importer (in a third country).  The parties may not modify them.  The ANPD may allow the transfer of personal data outside of Brazil on the basis of “equivalent SCCs” adopted by third countries, provided that they are compatible with the LGPD.  The ANPD has not (yet) indicated that it would recognize the EU SCCs as equivalent.

Brazilian controllers that use contractual clauses to transfer personal data internationally must replace those contracts with the newly published SCCs by August 22, 2025.Continue Reading Brazil Issues New Regulation on International Data Transfers

 What You Need to Know.

  • Azerbaijan is poised to host COP29 next year after receiving regional backing.  If formally confirmed, Azerbaijan’s COP Presidency would resolve months of deadlock.  It will also trigger criticism that next year’s COP will again be hosted by a nation heavily dependent on fossil fuel exports.
  • Brazil has been formally chosen to host COP30 in 2025.  The venue will be the city of Belém, located in the Amazon rainforest.  As Brazil’s Minister of the Environment and Climate Change, Marina Silva, commented: “With its immense biodiversity and vast territory threatened by climate change, the Amazon will show us the way.”
  • The UNFCCC has released a revised draft text of the negotiated outcome of the first Global Stocktake under the Paris Agreement.  The revised draft no longer mentions the “phase out” of fossil fuels and instead mentions the “substitution of unabated fossil fuels” and “tripling renewable energy capacity . . . by 2030.”
  • The inclusion of “phase out” language in the final agreement has been one of the yardsticks by which commentators have suggested the success or failure of COP28 should be measured.  Accordingly, the new draft was met by significant criticism, including by the European Union’s representatives who called elements of the text “unacceptable.”  Negotiations now center on finding a compromise, almost guaranteeing that discussions at COP28 will continue beyond the official close of the conference on Tuesday, December 12.
  • Following the official theme of the day, 154 nations signed the COP28 UAE Declaration on Sustainable Agriculture, Resilient Food Systems, and Climate Action.  The Declaration commits to “expedite the integration of agriculture and food systems into our climate action” and to “scaling-up adaptation and resilience activities and responses in order to reduce the vulnerability of all farmers, fisherfolk, and other food producers to the impacts of climate change.”  The contributions of the agriculture and forestry sectors, both as a source of emissions and as carbon sinks, are continuing to gain attention as an important part of the global efforts on climate change.

Continue Reading COP28 Day 10 Recap: Food in Focus, and a Look Ahead to COP29 and COP30