On September 5, 2025, the European Commission announced the launch of the process to adopt an adequacy decision for Brazil under the General Data Protection Regulation (GDPR), involving an assessment of whether Brazil ensures an adequate level of personal data protection comparable to that in the EU. Once adopted, the decision would permit personal data to flow freely between Brazil and the EU without the need for additional safeguards, covering flows from businesses, public authorities, and research projects.

The Brazilian federal government, through the National Data Protection Authority (ANPD), announced that it is simultaneously considering adopting an equivalent adequacy decision to facilitate the uninterrupted flow of data from Brazil to the EU. The parallel initiatives highlight a mutual commitment to aligning privacy and data protection standards across the Atlantic, and take place in a context of closer bilateral relations and increased U.S. scrutiny of Brazilian and European digital policies.

Next Steps in the EU and Brazil

The European Commission’s draft adequacy decision will now be transmitted to the European Data Protection Board (EDPB) for its opinion. As part of the EU’s formal adoption process, the draft must also secure approval from a committee of Member States and will be subject to scrutiny by the European Parliament. Following completion of these steps, the Commission will be empowered to formally adopt an adequacy decision.

In parallel, the Brazilian ANPD is finalizing its own technical analysis and legal evaluation. Following review, the proposed adequacy decision will be presented to the ANPD Board of Directors for final deliberation, as foreseen in Brazil’s International Data Transfer Regulation. The adequacy decision adoption is also a priority for the Brazilian private sector and part of its 2025 data protection agenda.

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Covington’s Data Privacy and Cybersecurity team regularly advises companies on their most challenging compliance issues in the EU and other key markets, including on international data transfers. Our team is happy to assist companies with any other inquiries on this topic.

Tags: Brazil, Mudual Adequacy Decision
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Photo of Anna Sophia Oberschelp de Meneses Anna Sophia Oberschelp de Meneses

Anna Sophia Oberschelp de Meneses is special counsel in the Data Privacy and Cybersecurity Practice Group.

Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.

Anna advises companies on European data protection law and helps clients coordinate…

Anna Sophia Oberschelp de Meneses is special counsel in the Data Privacy and Cybersecurity Practice Group.

Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.

Anna advises companies on European data protection law and helps clients coordinate international data protection law projects.

She has obtained a certificate for “corporate data protection officer” by the German Association for Data Protection and Data Security (“Gesellschaft für Datenschutz und Datensicherheit e.V.”). She is also Certified Information Privacy Professional Europe (CIPPE/EU) by the International Association of Privacy Professionals (IAPP).

Anna also advises companies in the field of EU consumer law and has been closely tracking the developments in this area.

Her extensive language skills allow her to monitor developments and help clients tackle EU Data Privacy, Cybersecurity and Consumer Law issues in various EU and ROW jurisdictions.

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Diego Bonomo is a senior advisor in the firm’s London office. Diego, a non-lawyer, has more than 20 years of Brazil regulatory, trade, and foreign affairs experience at leading business associations, think tanks, companies, and academic institutions. Diego also served in the Brazilian…

Diego Bonomo is a senior advisor in the firm’s London office. Diego, a non-lawyer, has more than 20 years of Brazil regulatory, trade, and foreign affairs experience at leading business associations, think tanks, companies, and academic institutions. Diego also served in the Brazilian government.

Before joining the firm, Diego was Team Leader of the Brazil Trade Facilitation Program at Palladium and Executive Manager for International Affairs at Brazil’s National Confederation of Industry (Confederação Nacional da Indústria, CNI). At the U.S. Chamber of Commerce, he served as Senior Director of the International Division and Senior Director for Policy of the Brazil-U.S. Business Council. Diego also was Executive Director of the Brazil Industries Coalition (BIC), the leading Brazilian business coalition in the United States, and General Coordinator of Foreign and Trade Affairs at the Federation of Industries of the State of São Paulo (Federação das Indústrias do Estado de São Paulo, FIESP). He previously served in the Office of the President of Brazil as advisor to the Minister of Long-Term Planning.

Diego holds a bachelor’s and master’s degree in international relations from the Pontifical Catholic University of São Paulo.

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Photo of Dan Cooper Dan Cooper

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According to Chambers UK, his “level of expertise is second to none, but it’s also equally paired with a keen understanding of our business and direction.” It was noted that “he is very good at calibrating and helping to gauge risk.”

Dan is qualified to practice law in the United States, the United Kingdom, Ireland and Belgium. He has also been appointed to the advisory and expert boards of privacy NGOs and agencies, such as the IAPP’s European Advisory Board, Privacy International and the European security agency, ENISA.

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