This Friday, August 21, the Brazilian Data Protection Agency (ANPD) announced the launch of monitoring activities targeting major digital platforms, app stores, and generative AI tools to verify compliance with obligations established under the Brazilian Internet Act, its implementing decrees, and the Digital Statute for Children and Adolescents (ECA Digital).
According to the ANPD, the initiative aims to collect information to support future actions and assess whether monitored entities are adopting appropriate mechanisms to prevent and reduce the circulation of unlawful content, particularly content affecting children, adolescents, and women.
Two groups are being monitored:
- Digital platforms and messaging applications: Instagram, Facebook, TikTok, X, Discord, YouTube, Kwai, LinkedIn, Snapchat, Pinterest, and Reddit, as well as WhatsApp Public Channels and Telegram Public Channels and Public Groups.
- App stores and generative artificial intelligence tools: App Store, Google Play Store, Copilot, Claude, DeepSeek, Gemini, ChatGPT, Meta AI, and Perplexity.
With respect to digital platforms, the assessment will focus on several aspects, including: (i) the adoption of safeguards designed to prevent the dissemination and promotion of unlawful content; (ii) the existence of reporting channels for unlawful content and violations of children’s and adolescents’ rights; and (iii) the adoption of measures aimed at preventing violence against women in the digital environment.
Regarding app stores and generative artificial intelligence tools, the ANPD will assess: (i) the adoption of mechanisms designed to prevent the generation of intimate content involving third parties, including through the use of AI; and (ii) the use of filters, blocks, detection systems, and other security mechanisms aimed at preventing and identifying such practices.
The ANPD clarified that the monitoring activities do not cover private communications conducted through messaging applications. For monitored platforms that also provide messaging services, the Agency's oversight is limited to public channels, communities, and groups.
Finally, the selected companies began receiving notifications on August 21 and must respond to the ANPD’s inquiries within ten business days of being notified.
Our team closely monitors regulatory developments related to the Brazilian Internet Act and the Digital Statute for Children and Adolescents. For more information, please contact us at techregulationbr@lickslegal.com.
