Last month to adapt to the ANPD’s Standard Contractual Clauses
Is your company ready?
The deadline granted by the National Data Protection Authority (ANPD) in Resolution CD/ANPD No. 19/2024, which regulates the Brazilian Standard Contractual Clauses (SCCs), is approaching. Meeting this deadline is essential to ensure the legal compliance of international data transfers and mitigate regulatory risks for the company.
Companies carry out international data transfers frequently, often almost imperceptibly. This occurs, for example, when they use computer programs with storage on servers abroad or even when multinationals share information about employees in Brazil with the headquarters located outside the country.
When these operations involve personal data, we are facing an international transfer subject to the rules of the Brazilian General Data Protection Law – LGPD (Law No. 13,709/2018). This type of processing can only occur based on international transfer mechanisms recognized by the Law.
Among the available options, many companies opt for Brazilian SCCs, as it is a mechanism that, once implemented, does not require additional administrative procedures before the ANPD, requiring only formalization between the parties – in addition, of course, to the management and governance of the transfer itself.
Published on 08/23/2025, Resolution CD/ANPD No. 19/2024, which regulates CPCs, established a period of 12 (twelve) months, counted from its publication, for the implementation of CPCs by companies that have chosen them as an international transfer mechanism.
After this period, companies that make international transfers based on CPCs without formalizing them may be subject to inspection and, eventually, sanctioning proceedings. Penalties include a fine and even a determination to stop international data transfer.
Brazilian SCCs are one of the alternatives with a valid mechanism, as provided for in the LGPD, but not the only one. Therefore, companies that have already adopted other valid mechanisms for international transfers they make do not need to adopt them.
The Brazilian SCCs must be incorporated in full and without changing the text made available by the ANPD, except for editable fields. The Brazilian SCCs (in English version) can be found in the attachment to Resolution CD/ANPD No. 19/2025
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