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Brazil: National Consumer Secretariat establishes transparency and data quality criteria for digital platforms

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In brief

On 30 July 2024, the National Consumer Secretariat (SENACON) published Technical Note No. 2/2024/Gab-DPDC/DPDC/SENACON/MJ, providing for the Ads Quality Criteria and Data Quality Criteria, as transparency parameters to be adopted and complied with by digital platforms in Brazil.

More details

SENACON’s recent Technical Note established transparency criteria applicable to platforms, mentioning the need to comply with dignity, health, safety, protection and harmony within consumer relations.

The Technical Note does not define the term “digital platforms”, but lists requirements to be met and observed by them, in order to ensure greater transparency and access to data and ads provided to consumers. 95 requirements are listed, divided into (i) Criteria for Access to and Quality of Data on Advertisements and (ii) Criteria for Access to and Quality of Data.

The Technical Note specifies that both criteria are formulated with the aim of evaluating “the mechanisms for accessing research data made available by the main social media platforms operating in Brazil”. Thus, the platforms would have to meet and comply with transparency criteria to enable access to such data.

Among the criteria stipulated by the Technical Note for greater transparency for consumers on “digital platforms” are:

  1. The need to provide an Application Programming Interface (API) to enable access to and collection of up-to-date data on all types of ads made on the platform in the last year;
  2. The obligation to offer updated data via API on the content of all ads, such as texts and links to media, and updated data on the geographic location of the audience reached;
  3. The duty to make available via API up-to-date and relevant data on advertisers who have served ads on the platform and on who has paid for the boosting of ads served;
  4. The need to clearly and unequivocally signal content produced by Artificial Intelligence via API;
  5. The duty of the platform’s ad repository API to signal if an ad has been deleted, indicating the reason and date of removal;
  6. The provision of an interface to the platform’s or network’s ad repository that provides up-to-date data on the age and gender of the audience reached by ads aired in the last year;
  7. The retrieval of data from public publications made by a specific author by means of their username or unique identifier, at least for researchers;
  8. The API must provide all the data necessary to understand the complete lifecycle of a specific publication, including comments, shares, replies and other possible relationships, as well as its authors and the content it refers to; and
  9. Presentation of grouped information on the volume and type of violations identified during the application of governance and moderation policies in Brazil, such as the dissemination of illegal content, hate speech and false information.

The Technical Note specifies that platforms will have a period of 4 (four) months to adapt to the Ads Data Quality Criteria and 12 (twelve) months for the Data Quality Criteria.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Marcela Trigo de Souza joined the Firm in 2014 as a partner in the group of Intellectual Property and Information Technology and Communications, acting with focus on litigation and strategic advisory. She is currently Head of the Life Sciences Industry Group and Healthcare. Marcela has extensive experience in legal disputes involving patents, industrial secrecy, protection of confidential data, data package exclusivity (DPE), unfair competition and regulatory compliance, especially in the pharmaceutical, biotechnology and telecommunications areas.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Flavia Rebello joined the Firm in 1999. She is a partner in the Intellectual Property, Technology and Data Protection Team. Her practice includes data protection, licensing, sourcing and transactions, franchising and e-commerce and Internet. She has a wide breadth of experience in drafting, negotiating and reviewing agreements involving intellectual property, including supply of technology, trademark license, patent license, franchise, copyright license, software license and distribution, SaaS outsourcing. She also has expertise in data protection and privacy issues, including implementation projects, review of policies, and data breaches. Legal advice in various aspects of e-commerce, Internet and social media.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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