On October 4, 2021, the Brazilian National Data Protection Authority (ANPD) and the Spanish Data Protection Agency (AEPD) – the administrative authorities responsible for data protection in Brazil and Spain, respectively – signed a Memorandum of Intellectual Cooperation for the protection of personal data, both at a national and transnational level.
The Memorandum establishes a framework of partnership in promoting awareness of data protection rights, exchange of technical expertise and best practices, and cooperation in data protection. Among the commitments made is the encouragement and contribution to mutually offer studies, research, analysis, and reports on the protection of personal data, the creation and dissemination of guides and tools, and the elaboration of joint initiatives, especially in the international field, increasing their competencies in the social, environmental, and institutional fronts. Furthermore, authorities pledged to provide each other with technical support to effectively implement their data protection laws.
The Spanish Data Protection Agency was established in 1993, and its powers have been conferred, since 2016, by the General Data Protection Regulation (GDPR) of the European Union. The GDPR corresponds to the data protection legislation in force in the European Union since 2018, serving as the basis for the drafting of the Brazilian General Data Protection Law (LGPD, in Portuguese), published in that same year, which established the legal data protection regime in Brazil.
Brazil’s cooperation with the AEPD signals continued efforts in the development of a robust and reliable national agency, prompting an invaluable exchange and cooperation with a foreign data protection authority with almost 30 years of experience in the realm of public policies for data protection. This opportunity is expected to allow for synergies between Brazilian and Spanish practices and laws, with closer cooperation between the two, certainly easing business conducted by stakeholders in both countries and compliance with their national policies, in addition to strengthening the degree of confidence of investors and customers in both counties when it comes the protection of their data.
The ANPD has recently joined the Ibero-American Data Protection Network, a forum including public and private entities seeking the continuous exchange of information and technical knowledge in the field of data protection. The forum also seeks to consolidate, in each State Member, legislation on data protection, also encompassing the protection of the international flow of data.
In that spirit, Brazil and Spain are spearheading a chain of international cooperation mechanisms, following the Ibero-American push for a common framework in data protection regulation and the improvement of trust in the international flux and exchange of data between the countries in that axis – more are expected to follow. Undoubtedly, as agreements such as the one signed between the ANPD and the AEPD are more frequently signed, data protection mechanisms are bound to improve and consolidate, so it is crucial to keep up with new trends and practices.
Emerenciano, Baggio e Associados – Attorneys at Law is at the forefront in developing corporate data protection policies and has extensive experience in conducting corporate trainings on this matter. Our Data Protection legal experts are glad to answer any and all questions and are fully prepared to provide legal assistance to foreign clients and businesses impacted by the new Brazilian General Data Protection Law.