EDPB adopts opinion on Commission draft adequacy decision for Brazil
The European Data Protection Board (EDPB) has adopted an opinion on the European Commission’s draft adequacy decision on the level of protection of personal data in Brazil. The opinion, requested by the Commission, assesses whether Brazil’s data protection framework and its rules on government access to personal data transferred from the EU provide safeguards equivalent to those under EU law. The EDPB notes the strong alignment between Brazil’s framework and EU legislation, as well as case law of the Court of Justice of the European Union. However, it invites the Commission to provide further clarifications and monitor certain areas, including Data Protection Impact Assessments, limitations on transparency related to commercial and industrial secrecy and rules on onward transfers. The EDPB also requests the Commission to clarify the scope of applicability of Brazilian data protection law, the investigatory and corrective powers of the Brazilian Data Protection Authority in relation to law enforcement authorities and Brazil’s concept of national security.