As it completes 5 years since the sanction of the General Data Protection Law ("LGPD"), the Brazilian National Data Protection Authority ("ANPD") takes an important step towards initiating the regulatory processes for two relevant aspects of the LGPD: (i) international data transfers; and (ii) the legal basis for data processing of the legitimate interest.

On the last Tuesday (8/15), a public consultation was published regarding the draft resolution for the regulation of international data transfer. The resolution aims to regulate the transfer of personal data to foreign countries or international organizations of which Brazil is a member, as well as the standard contractual clauses, the approval process for specific clauses and global corporate rules, in addition to the mechanism of adequacy decisions.

Although we cannot ascertain the terms in which the resolution will be approved, the draft under discussion, as expected, is inspired by European regulations on the subject. However, there is some simplification of certain obligations and concepts, which we interpret as positive. The public consultation will be available until September 14th.

Furthermore, this Wednesday (18/16), the society was also invited to provide input on the preliminary study regarding the legal basis for data processing of the legitimate interest. The study aims to support the content of guidelines on the subject, based on the consolidation of technical understandings of the ANPD, along with the practical experience of data processing agents. The consultation will be available until September 15th.

We will continue to follow the matter and hope to bring new information soon about the development of regulations regarding aspects of the LGPD.