Acordos bilaterais como ferramenta de transferência internacional de dados: uma análise à luz do Safe Harbor, Privacy Shield e data privacy

Abstract

The dynamics of international data transfers have an impact on economic development and progress daily, since we live in an information society that is voracious for new data. Mechanisms that seek to facilitate and speed up processes of compliance with various data protection laws must be pursued in a globalized world. That said, the analysis of the bilateral agreements signed between the European Union and the United States of America is relevant to considerations of what to do and what they should contain, precisely because of the reasoning behind the decisions of the Court of Justice of the European Union that invalidated the first two agreements. As will be presented below, the Brazilian data protection system is on the right track in line with the European system and even has clear provisions on the possibility of transfers based on bilateral agreements. With concerns about national sovereignty, bilateral agreements are valid for transfers to take place, especially if they contain minimum requirements, which will be discussed below. The future has arrived in the globalized world and it is time for Brazil to interpose itself in the international dynamics of data protection and privacy