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

(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.


Contents

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).

* * * * *

LOGO_TrenchRossiWatanabe_Brazil

Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Contact Information
Flávia Rebello Pereira
Partner
Trench Rossi Watanabe, Sao Paulo
Read my Bio
flavia.rebello@trenchrossi.com
Marcela Trigo de Souza
Partner
Trench Rossi Watanabe, Rio de Janeiro
Read my Bio
marcela.trigo@trenchrossi.com
Flavia Amaral
Partner
Trench Rossi Watanabe, Sao Paulo
Read my Bio
flavia.amaral@trenchrossi.com
Felipe Zaltman Saldanha
Partner
Trench Rossi Watanabe, Rio de Janeiro
Read my Bio
felipe.zaltman@trenchrossi.com

Copyright © 2025 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.