Brazil has set new regulations for adult websites to age-verify users located in Brazil starting March 17, following President Luiz Inácio Lula da Silva's final approval of the Digital Statute for Children and Adolescents (Digital ECA). The law aims to protect children and adolescents in digital environments by requiring reliable age verification mechanisms beyond self-declaration.

New Regulations for Adult Websites

The Digital ECA, enacted last year, mandates that providers of adult content require age verification beyond self-declaration. This will apply regardless of where site operators are based. The law also requires marketplaces and delivery apps for adult/erotic products to verify purchasers' ages and block minors' access to those products.

The National Data Protection Authority (ANPD) will enforce the new regulations, which include a 30-day deadline for adopting corrective measures after a warning. Noncompliance may result in fines of up to 10% of a site operator's revenue in Brazil or up to 1,000 Brazilian reais ($195 USD) per registered user, with a maximum total of 50 million reais ($9.73 million).

Enforcement and Compliance

The ANPD has released an English-language version of its recent publication "A" in preparation for the new Digital ECA rules. The law will be enforced by the National Data Protection Authority (ANPD), which was recently elevated to the status of regulatory agency.

Specific details of new regulations under the Digital ECA are expected to be included in an upcoming decree currently being drafted by an array of government bodies, including Brazil's Ministry of Justice and Public Security, of which the ANPD is part. Article 9, Section 1 of the Digital ECA notes that "Reliable age verification mechanisms must be adopted each time a user accesses the content, product or service … and self-declaration is prohibited."

Key Facts

  • The new regulations for adult websites will take effect on March 17.
  • The Digital ECA requires reliable age verification mechanisms beyond self-declaration.
  • Noncompliance may result in fines of up to 10% of a site operator's revenue in Brazil or up to 1,000 Brazilian reais ($195 USD) per registered user.
  • The ANPD will enforce the new regulations and provide guidance on compliance.
  • The law applies to any service or product aimed at children, as well as all pornographic websites available in Brazil.

Background and Context

Brazil has enacted a new law to protect minors in digital environments, including age verification mechanisms and parental supervision. The law, set to take effect on March 17, aims to prevent inappropriate content access by children and adolescents. Law No. 15.211, which had been pending in the lower house since 2022, is now officially a part of the country's legal framework.

The enforcement of this law is set to begin on March 17, 2025. The law mandates that suppliers of information technology products or services, which offer content, products, or services inappropriate for minors under 18 years of age, must implement effective measures to prevent access by children and adolescents.