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Brazil: Data Protection Authority becomes a regulatory agency and assumes new responsibilities for the digital protection of children and adolescents

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(Provisional Measure No. 1.317/2025 and Decree No. 12.622/2025)

In brief

Provisional Measure No. 1.317 of 17 September 2025 has transformed the Brazilian Data Protection Authority into the Brazilian Data Protection Agency (also called ANPD), a special autonomous agency linked to the Ministry of Justice and Public Security. This transformation grants the ANPD functional, technical, decision-making, administrative, and financial autonomy, aligning it with the model of other federal regulatory agencies (as established by Law No. 13.848/2019). The Provisional Measure also creates the Career Track for Data Protection Regulation and Oversight, with 200 specialist positions, thereby expanding the agency’s technical and supervisory capacity.

In parallel, Decree No. 12.622, also published on 17 September 2025, regulates Law No. 15.211/2025 (“Digital Statute for Children and Adolescents“), consolidating the ANPD as the central authority responsible for the protection of children and adolescents in digital environments. The Decree also establishes procedures for complying with court orders involving the blocking, suspension, or prohibition of digital activities deemed inappropriate for this audience.

New responsibilities of the ANPD in the digital environment

ANPD is tasked with overseeing, regulating, and monitoring compliance with the Law No. 15.211/2025. It is granted the power to issue supplementary regulations, provide practical recommendations, and coordinate protective measures across all levels of public administration and with private entities, always prioritizing the best interests of children and adolescents.

Among its responsibilities is the ability to regulate minimum security standards, ensure transparency in age verification processes, establish rules for the use of parental control tools, and define criteria for adjusting obligations based on the size, type of service, and level of technological involvement of the provider.

Court orders for blocking and interinstitutional coordination

The Decree also regulates the enforcement of court orders involving the blocking, suspension, or prohibition of digital activities deemed inappropriate for children and adolescents. ANPD plays a central role in coordinating these measures, in partnership with the National Telecommunications Agency (Anatel) and the Brazilian Internet Steering Committee (CGI.br).

Anatel is responsible for forwarding court orders to inter net service providers and other entities that enable user access to digital servers and content. CGI.br, in turn, is tasked with receiving and implementing blocking measures related to domain name resolution under the “.br” domain. These entities may determine the most appropriate technical method to ensure the effectiveness of judicial orders and to enforce both administrative and judicial sanctions.

Oversight, enforcement, and next steps for ANPD

ANPD will be able to issue specific regulations to ensure the effective protection of children’s and adolescents’ data and rights. This includes issuing technical standards, directly supervising public and private entities, requiring the sharing of impact assessment reports, and conducting regular evaluations of the risks associated with data processing involving this audience.

The Decree emphasizes that no form of mass, disproportionate, or discriminatory surveillance that violates fundamental rights established in the Federal Constitution, the Child and Adolescent Statute, or the  Brazilian Data Protection Law (LGPD) will be permitted. It also states that obligations must be tailored proportionally to the level of influence and technical capacity of each technology provider.

Operational rules and detailed recommendations from ANPD are expected to be published soon, filling legislative gaps and guiding providers, legal guardians, and civil society.

Entry into force

Provisional Measure No. 1.317/2025 and Decree No. 12.622/2025 entered into force on the date of their publication (18 September 2025).

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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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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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Flávia Amaral returned to the firm in 2021 and works in the IP Tech group with a focus on Intellectual Property, Technology Franchising, Data Protection and Information Security.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Felipe Zaltman Saldanha joined the Firm in 2015 and became a partner in 2022. Felipe has extensive experience advising clients in legal disputes involving patents, unfair competition, and trademarks; in strategic litigation on issues involving information technology and data privacy, especially in cases involving user data requests and content moderation.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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