Compare countries

Two or three countries, side by side, one row per question. Pick up to 3.

Countries

AustraliaChecked 18 August 2026

Depends on your industryWork: MediumEnforcement: Active

In one paragraph: Australia has no general rule that data must stay in the country. You may send personal information anywhere, and no destination is banned. The catch is that you stay legally responsible for whatever your overseas supplier does with it. Small businesses under A$3 million turnover are exempt from the main privacy law. Specific industries are far stricter, and one of them carries a prison sentence.
The catch: The relaxed headline stops the moment you touch six areas. National electronic health records may not leave Australia at all, and taking them offshore is a crime punishable by five years in prison. Banks and insurers must tell the banking regulator before any offshore arrangement. Open banking data, critical infrastructure data, Australian Government hosting and Queensland state government data each have their own rules. Check your sector before you believe the headline.
Does this apply to me?: Yes, it reaches you even with no office in Australia. The national privacy law applies to any organisation that carries on business in Australia, whether or not the data is collected or stored here. But Australia has something most countries do not: a real size threshold you can fall below. A business with annual turnover of A$3 million (about US$2 million) or less is generally exempt. That exemption has big holes: it does not apply if you provide a health service, if you buy or sell personal information, or if you supply services under a federal government contract. No local representative and no registration are required.High confidence
Can the data leave the country?: In general, yes. Australia has no national law saying personal data must be kept in the country, and no country is blacklisted. You can pick any cloud region you like. What you cannot do is hand off the risk: if your overseas supplier does something with the data that would break Australian rules, the law treats that as your own breach. The hard walls are industry by industry, and the health one is absolute.High confidence
What do I have to do to send it abroad?: Before data leaves, you must take reasonable steps to make sure the overseas recipient will handle it the Australian way. In practice that means a contract with the right promises in it. There is no government form to file, no approval to wait for, and no list of approved countries to check. A power to approve countries was switched on in December 2024, but as of today the government has not named a single one. The alternative routes are narrow: you can rely on the recipient already being covered by a substantially similar law, or on the person's informed consent after you warn them you will no longer be responsible.High confidence
Who enforces this — and are they actually working?: The Office of the Australian Information Commissioner. It is staffed, it has a sitting Privacy Commissioner, and it is issuing decisions. In October 2025 the Federal Court ordered a pathology company to pay A$5.8 million (about US$3.8 million), the first court penalty in the law's history. The regulator sued Optus in August 2025, settled with Meta for A$50 million in December 2024, and in June 2026 alone published formal findings against Optus, American Express and two health providers. Banking, cyber security, online safety and open banking each have their own separate regulator, and all of them are working.High confidence
How long must I keep it, and when must I delete it?: There is a floor and a ceiling and they pull in opposite directions. The clearest floor is telecoms: phone and internet providers must keep call and connection records for two years, and must encrypt them. The general ceiling has no number attached — you must destroy or de-identify personal information once you genuinely no longer need it. Two ceilings are sharp. A social media platform must destroy age-check information as soon as it has finished using it. A digital identity provider must destroy a face or fingerprint scan immediately after the identity check is complete.High confidence
What happens when something goes wrong?: Count four clocks, because they run at different speeds. If you pay a ransom and your Australian turnover is above A$3 million (about US$2 million), you have 72 hours to report the payment to the government. If you run critical infrastructure, you have 12 hours for an attack that seriously hits availability, and 72 hours for a lesser one. If you are a bank, insurer or superannuation fund, you have 72 hours for a security incident and only 24 hours if a critical service goes down beyond tolerance. For an ordinary personal data breach you get up to 30 days to assess whether it is serious, then you must tell the regulator and the affected people as soon as you practically can. There is no fixed hour count for that last one, which is the part people get wrong.High confidence
What's the trap?: Five things that will cost you a weekend. First, moving national electronic health record data offshore is a crime, not a fine: up to five years in prison. Second, you never stop owning your supplier's mistakes — a major bank had to get a special ruling from the Privacy Commissioner just to keep processing international money transfers. Third, since December 2025 social media platforms must keep under-16s off the service and then destroy the age-check data they collected. Fourth, Queensland's rule for state government data is stricter than the national one and is hidden in section 33 of the Act, not in the numbered principles — the principle numbered 8 says there is no equivalent. Fifth, the value of a penalty unit rose to A$364 (about US$240) on 1 July 2026, so every fine figure you looked up before then is now understated.High confidence
What's about to change?: One date dominates: 10 December 2026. On that day privacy policies must start explaining computer-made decisions that significantly affect people, and the new Children's Online Privacy Code must be finalised and registered. The draft of that code was out for public comment from 31 March to 5 June 2026. Further out, the tougher critical infrastructure duties made in June 2026 start biting from mid-2027 and mid-2028 as their grace periods run out. Watch three switches the government already holds and can flip with no consultation.High confidence
Hardest industry wall: Health and social care — My Health Records Act 2012, section 77

BrazilChecked 18 August 2026

Yes, with paperworkWork: HighEnforcement: Active

In one paragraph: Brazil does not force data to stay inside the country. Personal data can leave, but since August 2025 you normally need a contract written by the regulator, word for word, signed with whoever receives it. Sending data to the European Union needs nothing extra. The regulator is awake and has started switching features off large platforms.
The catch: Brazil is often listed as a data-localisation country. It is not one. The old rule that pushed federal government email and data onto Brazilian systems was scrapped in 2018, and today's federal cloud rules do not require Brazilian soil. The real constraints are different in shape: banks must keep the central bank able to reach their data wherever it sits, and since July 2026 digital platforms must have an actual office and a legal representative inside Brazil.
Does this apply to me?: Yes. Brazil's privacy law reaches a company with no office in Brazil, as long as it collects data in Brazil or offers goods or services to people here. There is no size or revenue threshold that lets you out. The privacy law itself does not make you appoint anyone local — but two newer rules do, and if you run a digital platform you now need a registered office and a legal representative in Brazil.High confidence
Can the data leave the country?: Yes, with paperwork. Brazil has no rule making anyone keep a copy of anything inside the country — not for banks, not for hospitals, not even for the federal government's own cloud. What it has instead is a permission slip: before personal data leaves, you need one of a short list of approved legal grounds. Industry rules add conditions on top, but none of them is a wall.High confidence
What do I have to do to send it abroad?: Pick one of five routes. The easy one is the European Union: since January 2026 Brazil treats it as safe, so nothing extra is needed. For everywhere else, the normal route is a set of standard contractual clauses that the regulator itself wrote — you copy them into your contract exactly, and you may not edit them. A deadline to retrofit older contracts already passed, on 23 August 2025.High confidence
Who enforces this — and are they actually working?: The National Data Protection Authority, and it is genuinely working. A law passed in February 2026 gave it real independence, 200 new specialist jobs and its own budget. In August 2026 it ordered Discord to switch off live video streaming in Brazil within three working days, to protect children. Banking, telecoms, insurance and securities regulators enforce their own rules in parallel and have done so for years.High confidence
How long must I keep it, and when must I delete it?: Both directions, and they pull against each other. The floor: internet access providers must keep connection records for one year, websites and apps must keep access records for six months, and tax records need five years. The ceiling: the privacy law says personal data must be deleted once you have finished doing what you collected it for. Where the two clash, the legal duty to keep wins — the law lists that as an express reason to hold on.High confidence
What happens when something goes wrong?: Count three clocks, not one. Privacy: three working days to tell the regulator AND the affected people, once you have confirmed a breach that could really hurt them. Platform content: two hours to take down intimate images shared without consent, once notified. On top of that, banks report incidents to the central bank and telecoms operators report to the telecoms regulator under their own separate timetables.High confidence
What's the trap?: Five. (1) Your European standard contract is not automatically good enough — Brazil wrote its own clauses and you must copy them exactly, unedited, and the deadline to fix old contracts passed on 23 August 2025. (2) A child in Brazil is under 12 and an adolescent is 12 to 17, but the social media rule bites at 16 — accounts for anyone up to 16 must be tied to a parent's account, and asking users to state their own age is banned. (3) Since 20 July 2026 a digital platform needs an actual registered office in Brazil, not just a lawyer on retainer. (4) The biggest fine is not in the privacy law: the internet law allows up to 10 percent of your group's Brazilian revenue. (5) The regulator can order your database blocked or your processing suspended, which usually hurts more than any cheque.High confidence
What's about to change?: One firm date: January 2027, when the regulator moves from monitoring platforms to full enforcement of the children's digital rules. Brazil's artificial intelligence bill is still only a bill — it was sitting in a committee waiting for a report as recently as June 2026, so do not plan around it. The bigger risk is not new law: it is that the regulator can add or withdraw approved destinations for data transfers by publishing a single resolution, with no consultation.High confidence
Hardest industry wall: None found.

The eight framework questions answered for each selected country
Question	AustraliaChecked 18 August 2026	BrazilChecked 18 August 2026
The three ratings	Depends on your industry Work: Medium Enforcement: Active	Yes, with paperwork Work: High Enforcement: Active
In one paragraph	Australia has no general rule that data must stay in the country. You may send personal information anywhere, and no destination is banned. The catch is that you stay legally responsible for whatever your overseas supplier does with it. Small businesses under A$3 million turnover are exempt from the main privacy law. Specific industries are far stricter, and one of them carries a prison sentence.	Brazil does not force data to stay inside the country. Personal data can leave, but since August 2025 you normally need a contract written by the regulator, word for word, signed with whoever receives it. Sending data to the European Union needs nothing extra. The regulator is awake and has started switching features off large platforms.
The catch	The relaxed headline stops the moment you touch six areas. National electronic health records may not leave Australia at all, and taking them offshore is a crime punishable by five years in prison. Banks and insurers must tell the banking regulator before any offshore arrangement. Open banking data, critical infrastructure data, Australian Government hosting and Queensland state government data each have their own rules. Check your sector before you believe the headline.	Brazil is often listed as a data-localisation country. It is not one. The old rule that pushed federal government email and data onto Brazilian systems was scrapped in 2018, and today's federal cloud rules do not require Brazilian soil. The real constraints are different in shape: banks must keep the central bank able to reach their data wherever it sits, and since July 2026 digital platforms must have an actual office and a legal representative inside Brazil.
Does this apply to me?	Yes, it reaches you even with no office in Australia. The national privacy law applies to any organisation that carries on business in Australia, whether or not the data is collected or stored here. But Australia has something most countries do not: a real size threshold you can fall below. A business with annual turnover of A$3 million (about US$2 million) or less is generally exempt. That exemption has big holes: it does not apply if you provide a health service, if you buy or sell personal information, or if you supply services under a federal government contract. No local representative and no registration are required.High confidence	Yes. Brazil's privacy law reaches a company with no office in Brazil, as long as it collects data in Brazil or offers goods or services to people here. There is no size or revenue threshold that lets you out. The privacy law itself does not make you appoint anyone local — but two newer rules do, and if you run a digital platform you now need a registered office and a legal representative in Brazil.High confidence
Can the data leave the country?	In general, yes. Australia has no national law saying personal data must be kept in the country, and no country is blacklisted. You can pick any cloud region you like. What you cannot do is hand off the risk: if your overseas supplier does something with the data that would break Australian rules, the law treats that as your own breach. The hard walls are industry by industry, and the health one is absolute.High confidence	Yes, with paperwork. Brazil has no rule making anyone keep a copy of anything inside the country — not for banks, not for hospitals, not even for the federal government's own cloud. What it has instead is a permission slip: before personal data leaves, you need one of a short list of approved legal grounds. Industry rules add conditions on top, but none of them is a wall.High confidence
What do I have to do to send it abroad?	Before data leaves, you must take reasonable steps to make sure the overseas recipient will handle it the Australian way. In practice that means a contract with the right promises in it. There is no government form to file, no approval to wait for, and no list of approved countries to check. A power to approve countries was switched on in December 2024, but as of today the government has not named a single one. The alternative routes are narrow: you can rely on the recipient already being covered by a substantially similar law, or on the person's informed consent after you warn them you will no longer be responsible.High confidence	Pick one of five routes. The easy one is the European Union: since January 2026 Brazil treats it as safe, so nothing extra is needed. For everywhere else, the normal route is a set of standard contractual clauses that the regulator itself wrote — you copy them into your contract exactly, and you may not edit them. A deadline to retrofit older contracts already passed, on 23 August 2025.High confidence
Who enforces this — and are they actually working?	The Office of the Australian Information Commissioner. It is staffed, it has a sitting Privacy Commissioner, and it is issuing decisions. In October 2025 the Federal Court ordered a pathology company to pay A$5.8 million (about US$3.8 million), the first court penalty in the law's history. The regulator sued Optus in August 2025, settled with Meta for A$50 million in December 2024, and in June 2026 alone published formal findings against Optus, American Express and two health providers. Banking, cyber security, online safety and open banking each have their own separate regulator, and all of them are working.High confidence	The National Data Protection Authority, and it is genuinely working. A law passed in February 2026 gave it real independence, 200 new specialist jobs and its own budget. In August 2026 it ordered Discord to switch off live video streaming in Brazil within three working days, to protect children. Banking, telecoms, insurance and securities regulators enforce their own rules in parallel and have done so for years.High confidence
How long must I keep it, and when must I delete it?	There is a floor and a ceiling and they pull in opposite directions. The clearest floor is telecoms: phone and internet providers must keep call and connection records for two years, and must encrypt them. The general ceiling has no number attached — you must destroy or de-identify personal information once you genuinely no longer need it. Two ceilings are sharp. A social media platform must destroy age-check information as soon as it has finished using it. A digital identity provider must destroy a face or fingerprint scan immediately after the identity check is complete.High confidence	Both directions, and they pull against each other. The floor: internet access providers must keep connection records for one year, websites and apps must keep access records for six months, and tax records need five years. The ceiling: the privacy law says personal data must be deleted once you have finished doing what you collected it for. Where the two clash, the legal duty to keep wins — the law lists that as an express reason to hold on.High confidence
What happens when something goes wrong?	Count four clocks, because they run at different speeds. If you pay a ransom and your Australian turnover is above A$3 million (about US$2 million), you have 72 hours to report the payment to the government. If you run critical infrastructure, you have 12 hours for an attack that seriously hits availability, and 72 hours for a lesser one. If you are a bank, insurer or superannuation fund, you have 72 hours for a security incident and only 24 hours if a critical service goes down beyond tolerance. For an ordinary personal data breach you get up to 30 days to assess whether it is serious, then you must tell the regulator and the affected people as soon as you practically can. There is no fixed hour count for that last one, which is the part people get wrong.High confidence	Count three clocks, not one. Privacy: three working days to tell the regulator AND the affected people, once you have confirmed a breach that could really hurt them. Platform content: two hours to take down intimate images shared without consent, once notified. On top of that, banks report incidents to the central bank and telecoms operators report to the telecoms regulator under their own separate timetables.High confidence
What's the trap?	Five things that will cost you a weekend. First, moving national electronic health record data offshore is a crime, not a fine: up to five years in prison. Second, you never stop owning your supplier's mistakes — a major bank had to get a special ruling from the Privacy Commissioner just to keep processing international money transfers. Third, since December 2025 social media platforms must keep under-16s off the service and then destroy the age-check data they collected. Fourth, Queensland's rule for state government data is stricter than the national one and is hidden in section 33 of the Act, not in the numbered principles — the principle numbered 8 says there is no equivalent. Fifth, the value of a penalty unit rose to A$364 (about US$240) on 1 July 2026, so every fine figure you looked up before then is now understated.High confidence	Five. (1) Your European standard contract is not automatically good enough — Brazil wrote its own clauses and you must copy them exactly, unedited, and the deadline to fix old contracts passed on 23 August 2025. (2) A child in Brazil is under 12 and an adolescent is 12 to 17, but the social media rule bites at 16 — accounts for anyone up to 16 must be tied to a parent's account, and asking users to state their own age is banned. (3) Since 20 July 2026 a digital platform needs an actual registered office in Brazil, not just a lawyer on retainer. (4) The biggest fine is not in the privacy law: the internet law allows up to 10 percent of your group's Brazilian revenue. (5) The regulator can order your database blocked or your processing suspended, which usually hurts more than any cheque.High confidence
What's about to change?	One date dominates: 10 December 2026. On that day privacy policies must start explaining computer-made decisions that significantly affect people, and the new Children's Online Privacy Code must be finalised and registered. The draft of that code was out for public comment from 31 March to 5 June 2026. Further out, the tougher critical infrastructure duties made in June 2026 start biting from mid-2027 and mid-2028 as their grace periods run out. Watch three switches the government already holds and can flip with no consultation.High confidence	One firm date: January 2027, when the regulator moves from monitoring platforms to full enforcement of the children's digital rules. Brazil's artificial intelligence bill is still only a bill — it was sitting in a committee waiting for a report as recently as June 2026, so do not plan around it. The bigger risk is not new law: it is that the regulator can add or withdraw approved destinations for data transfers by publishing a single resolution, with no consultation.High confidence
Hardest industry wall	Health and social care — My Health Records Act 2012, section 77	None found.