On August 23rd, 2024, the Brazilian National Data Protection Authority (“ANPD”) published Resolution CD/ANPD No. 19/2024, which regulates the international transfer of personal data under the General Personal Data Protection Law (“LGPD”), and approves the content of the Standard Contractual Clauses (“SCCs”).

The resolution details aspects of the LGPD and clarifies the legal instruments and requirements that must be observed by controllers and operators who transfer personal data from Brazil to abroad. Among the main points is the possibility of adopting SCCs as a legitimate and pre-approved mechanism for these transfers.

The SCCs approved by the ANPD are a contractual standard that can be used between companies in Brazil and abroad, either between controllers and operators or between two controllers or operators. Their purpose is to ensure that the processing of personal data carried out outside the country maintains a level of protection compatible with the requirements of the LGPD.

The ANPD has set a deadline of up to twelve (12) months for processing agents who use contractual clauses for international data transfers to incorporate the approved SCCs into their respective contractual instruments, counting from the date of publication of the Resolution.

This deadline ends on August 23rd, 2025 and represents an important milestone for the consolidation of the LGPD in Brazil, aligning the country with the best international practices in data protection, such as those provided for in the European Regulation - GDPR.

However, practical compliance requires detailed and strategic legal attention, especially in contracts involving multiple jurisdictions or global partners.

We recommend that companies that have not yet complied start reviewing contracts involving international data transfers as soon as possible, identify the relevant flows and rely on specialized support to ensure the correct incorporation of SCCs or even to evaluate other legal mechanisms permitted by the LGPD.

Our team closely monitors regulatory updates and is ready to assist our clients in analyzing, reviewing and implementing the contractual clauses required by the ANPD.