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AWS Compliance Center

AWS Compliance Center

Brazil

Regulations

This page provides AWS financial institution customers with information about the legal and regulatory requirements in Brazil that may apply to their use of AWS services.

Yes. Financial institutions in Brazil are permitted to use cloud services, provided that they comply with applicable legal and regulatory requirements, such as those described below. 

The Banco Central do Brasil or “BCB” (Brazil Central Bank) is the principal monetary authority and banking industry regulator.

The Comissão de Valores Mobiliários or “CVM” (Securities and Exchange Commission of Brazil) is the securities market authority and regulates the capital markets and its participants.

The Superintendência de Seguros Privados or “SUSEP” (Superintendent of Private Insurance) is the regulator for the insurance industry.

Financial institutions in Brazil may be subject to a number of different legal and regulatory requirements when they use cloud services. Relevant regulations include:

  • BCB’s Resolution No. 4,893 of February 26th, 2021 and Resolution No. 85 of April 8th, 2021 establish cybersecurity requirements for regulated financial and payment institutions, respectively, and include requirements for the use of cloud computing services.
  • BCB’s Circular No. 3,057 of August 31st, 2001 sets forth the provisions for the functioning of clearinghouses and other clearing and settlement systems. The Article 25 also grants the BCB supervision powers to ensure that the operations of “critical service providers” are held to the same standards as financial institutions.
  • BCB’s Resolution No. 304 of March 20th, 2023 establishes the scope of the Brazilian Payments System, the operation of settlement systems, registration of market activities, and centralized deposit of financial assets. Includes cybersecurity, resilience, and contracting requirements.
  • CVM’s Resolution No. 35 of May 26th, 2021 establishes the operational standards, procedures, and controls to be implemented in the intermediation of transactions carried out with securities in regulated stock markets, and it sets forth the requirements for contracting with third-party service providers.
  • SUSEP's Circular No. 638 of July 27th, 2021 establishes cybersecurity requirements for insurance companies, open private pension entities (EAPCs), capitalization companies and local reinsurers.
  • Normative Instruction No. 5, of August 30th, 2021 establishes the information security requirements for using cloud computing by the Brazilian government.

The AWS whitepaper, AWS User Guide to Financial Services Regulations in Brazil – Central Bank of Brazil, Resolution 4,893/21 and Resolution 85/21 provides information on the applicable guidelines that will help customers use AWS services in a manner that is consistent with the Brazilian regulators’ security expectations.

Customers that have questions about the applicable regulations and guidelines, and how these may apply to their use of AWS services, can reach out to their account representative.

Regulations are changing rapidly in this space, and AWS is working to help customers proactively respond to new rules and guidelines. AWS encourages its financial institutions customers to obtain appropriate advice on their compliance with all regulatory and legal requirements that are relevant to their business including local regulations, guidelines, and laws.

AWS is committed to offering customers a strong compliance framework and advanced tools and security measures that customers can use to evaluate meet, and demonstrate compliance with applicable legal and regulatory requirements.

Financial institutions who are using or planning to use AWS services can take the following steps to better understand their compliance needs:

1. Consider the purpose of the workload(s) under consideration and the relevant categories of data in order to anticipate which legal and regulatory requirements may apply.

2. Assess the materiality or criticality of the relevant workload(s) in light of local requirements. 

3. Review the AWS Shared Responsibility Model and map AWS responsibilities and customer responsibilities according to each AWS service that will be used. Customers can also use AWS Artifact to access AWS’s audit reports and conduct their assessment of the control responsibilities.

Customers who have further questions about how AWS services can enable their security and compliance needs, or who would like more information, can contact their account representative.
Financial institutions in Brazil using AWS services should also consider applicable privacy requirements, including the Lei Geral de Proteção de Dados Pessoais, which will become effective in 2020. The AWS whitepaper, Navigating LGPD Compliance on AWS provides useful information to customers using AWS cloud services to store or process personal data.

Resources

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AWS User Guide to Resolution 4,893/21 and Resolution 85/21 – Central Bank of Brazil

Resolution No. 4,893 and Resolution No. 85 (together, the BCB Resolutions) articulate and consolidate the steps that financial and payment institutions (Regulated Institutions) are required to take to manage cybersecurity risks in connection with their use of cloud services. The BCB Resolutions require Regulated Institutions to evaluate cloud providers and set up internal controls to manage the relationship with the cloud provider. In so doing, the BCB Resolutions outline a path that Regulated Institutions can follow to use the cloud in a safe and resilient manner.

Navegando na conformidade com a LGPD na AWS

Este documento fornece informações sobre serviços e recursos que a Amazon Web Services (AWS) oferece aos clientes a fim de ajudá-los a estabelecer o alinhamento com os requisitos da Lei Geral de Proteção de Dados Pessoais (LGPD) brasileira que possam ser aplicáveis a suas atividades. Isso inclui aderência a padrões de segurança de TI, controles de acesso a dados, ferramentas de monitoramento e registro em log, criptografia, além de gerenciamento de chaves.

Navigating LGPD Compliance on AWS

This document provides information about services and resources that Amazon Web Services (AWS) offers customers to help them align with the requirements of the Brazilian General Data Protection Law (LGPD) that might apply to their activities. These include adherence to IT security standards, data access controls, monitoring and logging tools, encryption, and key management.

General

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Guía de Referencia Rápida sobre Seguridad y Conformidad de AWS

Mediante el uso de AWS, se beneficia de la gran cantidad de controles de seguridad que utilizamos, lo que reduce el número de controles de seguridad que necesita mantener. Sus propios programas de certificación y conformidad se fortalecen, al mismo tiempo que se reduce el costo vinculado con el mantenimiento y la ejecución de sus requisitos de control de seguridad específicos.

Marco de seguridad cibernética NIST. Alineación con el NIST CSF en la nube de AWS

Los controles de seguridad 800-53 del Instituto Nacional de Normalización y Tecnología (NIST) pueden aplicarse de forma general a los sistemas de información federales de EE. UU. Los servicios y la infraestructura de la nube de AWS fueron validados por pruebas de terceros realizadas en función de los controles NIST 800-53 revisión 4, además de los requisitos adicionales de FedRAMP.

Payment Card Industry Data Security Standard (PCI DSS) on AWS

This guide provides customers with information to be able to plan for and document the Payment Card Industry Data Security Standard (PCI DSS) compliance of their AWS workloads. This includes the selection of controls that meet specific PCI DSS requirements, planning of evidence gathering to meet assessment testing procedures, and explaining their control implementation to their PCI Qualified Security Assessor (QSA).

Using AWS in the Context of Common Privacy and Data Protection Considerations

This document provides information to assist customers who want to use AWS to store or process content containing personal data, in the context of common privacy and data protection considerations. It will help customers understand the way AWS services operate, including how customers can address security and encrypt their content. The geographic locations where customers can choose to store content and other relevant considerations. The respective roles the customer and AWS each play in managing and securing content stored on AWS services.

AWS Compliance Quick Reference Guide

AWS has many compliance-enabling features that you can use for your regulated workloads in the AWS cloud. These features allow you to achieve a higher level of security at scale. Cloud-based compliance offers a lower cost of entry, easier operations, and improved agility by providing more oversight, security control, and central automation.

AWS Operational Resilience

The purpose of this paper is to describe how AWS and our customers in the financial services industry achieve operational resilience using AWS services.

Data Classification and Secure Cloud Adoption

This paper provides insight into classification schemes for public and private organizations to leverage when moving data to the cloud. It identifies practices and models currently implemented by global first movers and early adopters, examines how implementation of these schemes can simplify cloud adoption, and recommends practices to harmonize national requirements to internationally recognized standards and frameworks.

AWS Policy Perspectives: Data Residency

This paper addresses: The real and perceived security risks expressed by governments when they demand in-country data residency. Commercial, public sector, and economic impact of in-country data residency policies with a focus on government data. Considerations for governments to evaluate before enforcing requirements that can unintentionally limit public sector digital transformation goals leading to increased cybersecurity risk.

AWS Risk and Compliance

This document is intended to provide information to assist AWS customers with integrating AWS into their existing control framework supporting their IT environment. This document includes a basic approach to evaluating AWS controls and provides information to assist customers with integrating control environments. This document also addresses AWS-specific information around general cloud computing compliance questions.

AWS Security Audit Guidelines

Guidelines for systematically reviewing and monitoring your AWS resources for security best practices.