BRASILIA, Brazil — Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.
The document, titled “Suppliers of information technology products or services: scope and general obligations of the Digital ECA,” is intended to supply practical guidelines clarifying which products and services are subject to the Digital ECA and what measures operators must adopt to comply with the rules.
The Digital ECA mandates that providers of adult content require age verification beyond self-declaration and applies regardless of where site operators are based.
In a post announcing the new guide, the ANPD states, “The companies responsible for developing and operating digital services must assume responsibilities commensurate with the risks their activities present.”
Much of the guide focuses on determining whether a given online service is covered under the Digital ECA, a moot question for adult sites and platforms. However, it details some other requirements, including the necessity for covered providers to “document and demonstrate the effectiveness of the measures adopted.”
“Safety is a permanent condition for the responsible operation of the product or service,” the document reads. “The supplier must demonstrate that it identifies relevant risks, adopts compatible controls, and maintains a continuous process for reviewing the measures implemented.”
In June, the ANPD launched a complaints page where citizens can report possible violations of the Digital ECA, including failure to age-verify users, and began monitoring 18 high-traffic adult websites for Digital ECA compliance.
Direct enforcement actions are not scheduled to commence until January, assuming the ANPD adheres to its previously announced enforcement timeline.
