ANPD standard contractual clauses: what changes from August 23, 2025

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The date of August 23, 2025, marks a turning point in compliance with the Brazilian General Data Protection Law (Federal Law No. 13,709/2018 – “LGPD”) regarding the international transfer of personal data.

Thus, please find below a short summary to guide companies in their compliance process.

ANPD Regulation no. 19/2024

– Provides for the rules applicable to international data transfer.

– Defines the form for standard contractual clauses in accordance with the LGPD.

– Establishes the final deadline of August 23, 2025 for implementation in agreements.

 

Standard Contractual Clauses

– ANPD has approved a standard form of clauses in accordance with the LGPD.

– The form may be part of a specific contract on this matter or of a contract with a broader object.

 

Other Mechanisms

– The Regulation does not exclude the possibility of carrying out international data transfers based on the other mechanisms provided for in Article 33 of the LGPD.

– In such cases, it is necessary to observe the specificities of each case and the applicable legal requirements.

Recommendations

– Mapping the data flows within the organization.

– Reviewing all contracts which involve international transfer of data and including the standard contractual clauses.

– Formalizing contractual amendments, when necessary, between the data exporter and importer.

– Updating the privacy policies.

– Assessing whether there are other valid mechanisms or legal bases which may be applied.

– Training legal and compliance teams on the new requirements.

– Raising awareness on business areas which handle personal data (marketing, HR, IT).

– Establishing an internal timeline for implementation.

We highlight that failure to comply with the deadline mentioned may be considered violation of the LGPD and may subject companies to the sanctions provided for by law.

Our Data Protection team is available to assist with the analysis and implementation of the appropriate mechanisms.