On Thursday, October 15, the Brazilian Data Protection Agency (ANPD) opened a call for contributions to receive input from stakeholders on its proposal to update the Regulation on the Calculation and Application of Administrative Sanctions, which was originally approved in 2023.
The current version of the regulation was developed in a context in which ANPD’s enforcement activities were primarily focused on the General Data Protection Act (LGPD). In recent years, however, new laws and regulations have expanded the Agency’s powers, particularly in matters related to digital safety and the protection of children and adolescents in online environments.
Accordingly, the draft amendments made available by the Agency and submitted for public consultation seek to update the regulation and adapt it to the new powers assigned to the ANPD under the Digital Statute for Children and Adolescents (Eca Digital) and Decrees #12,975 and #12,976, which regulate the Brazilian Internet Act.
Among the main aspects of the proposal are:
- For violations related to the ECA Digital and the Brazilian Internet Act, the ANPD may impose only warnings and administrative fines, following administrative proceedings that ensure due process and the right to a full defense.
- The determination of sanctions must take into account factors such as the severity of the violation, recidivism, proportionality, the offender’s economic capacity, and impacts on society as a whole.
- Violations will be classified as minor, moderate, or severe.
- Severe violations include, among other situations, failures involving age assurance mechanisms, improper processing of data collected for age assurance purposes, monetization or promotion of sexualized content involving children and adolescents, and obstruction of the ANPD’s supervisory activities.
- The draft also establishes a specific methodology for calculating fines, which may take into account the offender’s revenue, the classification of the violation, the extent of the harm caused, and, in certain cases, the number of users of the platform.
- The proposal further provides for aggravating and mitigating circumstances that may increase or reduce the amount of the fines.
- Fines for violations of the ECA Digital and the Brazilian Internet Act may reach up to 10% of a company's revenue in Brazil, capped at BRL 50 million per violation.
In addition to the call for contributions, the ANPD will hold a virtual public hearing on October 29 to discuss the proposal. The hearing will be streamed live on the Agency's YouTube channel. Stakeholders interested in making oral submissions must register through this form by October 24.
Contributions may be submitted via the Brasil Participativo platform until November 30.
Our team closely monitors developments related to digital regulation and is available to assist stakeholders in preparing inputs for the ANPD’s call for contributions. For further information, please contact us at techregulationbr@lickslegal.com.
