Publication of Resolution CD/ANPD No. 19/2024 and Standard Contractual Clauses for International Data Transfers

Continuing its tradition of delivering important updates on Fridays, the National Data Protection Authority (ANPD) has published Resolution CD/ANPD No. 19/2024, which approves the International Data Transfer Regulation and the Standard Contractual Clauses (SCCs). This resolution establishes crucial rules for companies involved in international data transfers, directly affecting business operations that involve sending data to other countries.

Key Points of the Resolution:

• Standard Contractual Clauses (SCCs): The resolution introduces the SCCs, a mechanism that provides safeguards for international data transfers, especially for countries without an adequacy decision from the ANPD.
• Similarities to GDPR SCCs: The SCCs are similar to the Standard Contractual Clauses (SCCs) under the GDPR, facilitating adaptation for companies already complying with European regulations.
• Requirements: Companies must fully incorporate the SCCs into their contracts, ensuring personal data protection in accordance with the LGPD.
• Deadlines: Companies currently using contractual clauses for international transfers have 12 months to adopt the new SCCs.

Main Requirements for Brazilian Companies:

• Incorporation of SCCs: SCCs must be incorporated into international data transfer contracts, either in a specific contract or through an amendment to a broader agreement.
• Transparency: Companies must provide data subjects with clear and accessible information about the international transfer, including the destination country, the purpose, and their rights.
• Security: Implement appropriate security measures to protect the transferred personal data.
• Incident Reporting: Notify the ANPD and data subjects in case of security incidents that may affect the data.
• Data Subjects’ Rights: Ensure data subjects’ rights, such as access, correction, deletion, and portability of their data.

The Privacy and Data Protection team at IWMelcheds Advogados is available to assist you with the analysis, drafting, and adaptation of your international data transfer contracts, ensuring compliance with the LGPD and the new SCCs.