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Brazil's data regulator drafts fines for child safety and platform rules

Editorial

By TrustList Editorial

ANPD's draft extends its sanctions rulebook beyond the LGPD to the ECA Digital and the new Marco Civil decrees, including age checks. Comments close on 30 November; a public hearing is on 29 October.

About Brazil's data regulator drafts fines for child safety and platform rules

Brazil's data regulator drafts fines for child safety and platform rules

15 October 2026: Brazil's National Data Protection Authority (ANPD) has opened a public consultation on a new version of its rulebook for calculating and applying sanctions, extending it from the general data protection law (LGPD) to its newer powers under the children's digital statute, the ECA Digital, and the two decrees that updated the Marco Civil da Internet. Comments can be sent until 30 November 2026, and an online public hearing is set for 29 October at 14:30 Brasília time.

Not yet independently verified. We have not read the draft regulation itself on the Brasil Participativo platform, so the fine amounts it proposes are not given here. We will update this when it can be confirmed, and remove this note.

From one law to three regimes

The Regulation on Dosimetry and Application of Administrative Sanctions dates from 2023 and, until now, tied every sanction, from how a fine is calculated to how an infringement is classified, to the LGPD alone. The draft opened on 15 October brings in the obligations the authority has since been given: the ECA Digital, and Decrees 12.975 and 12.976, which set duties for internet platforms on transparency, risk mitigation, fraud and the removal of criminal content, and on protecting women against digital violence.

The draft sets fine values, aggravating and mitigating circumstances for each type of infringement, and the method for applying penalties. Among the newly sanctionable failures the ANPD highlights are not adopting reliable age-verification mechanisms and not preventing attacks against women online.

Dates for anyone who wants a say

  • 24 October: deadline to register to speak at the hearing (only oral speakers need to register).
  • 26 October: a separate consultation on the update of the ANPD's Supervision Regulation closes, according to the same page.
  • 29 October, 14:30: online public hearing, broadcast on the ANPD's YouTube channel.
  • 30 November: written contributions close on the Brasil Participativo platform.

After that, the ANPD's regulation office will consolidate the final text.

Who should take part

The draft reaches beyond the companies that process personal data in the ordinary sense. Platforms, apps and online services with users in Brazil that fall under the ECA Digital or the Marco Civil decrees will be fined under these rules, and the size of a fine will depend on how infringements are classified and which circumstances count for or against them. Age assurance providers, trust and safety teams and the legal teams of platforms operating in Brazil are the ones with most reason to comment before 30 November, while the text can still change.

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