Opening of public consultations about international data transfers and the lawful basis of legitimate interests


This week the National Data Protection Authority (ANPD) started public consultations to hear from society about the draft Resolution that will regulate international data transfers and the standard contractual clauses, as well as about a preliminary study on the legal basis of legitimate interests.

As provided in the ANPD’s regulatory agenda for 2023-2024, the draft Resolution contains standard contractual clauses and specific contractual clauses that may be used by processing agents, and details the parameters adopted by the ANPD to verify the level of personal data protection in foreign countries, among other provisions. The existence of an independent regulatory body, for example, is one of the parameters set out in the draft to verify the existence of the foreign country’s institutional guarantees regarding the protection of personal data.