Brazil’s National Data Protection Agency (“ANPD”) launched a public consultation on proposed changes to its regulatory oversight framework, reflecting the agency’s expanding role in overseeing data protection, online safety, and digital platforms.
The draft document revises ANPD’s 2021 regulatory oversight resolution and is a result of the agency’s expanding mandate, including in relation to changes to the country’s internet governance law, and the implementation of Brazil’s new legislation to protect minors online and fight violence against women in the digital environment.
ANPD is proposing a wide range of amendments to the 2021 resolution on: definitions; obligations of regulated agents; procedures; the role of “amicus curiae;” oversight activities, including monitoring and guidance; investigations; compliance; and administrative sanctions.
The consultation is open until October 26, 2026.
Why is this important for business?
ANPD substantially increased its regulatory mandate in the past 18 months and has been gradually consolidating its position as Brazil’s main digital regulator. The agency has also increased its oversight function and pursued high-profile enforcement cases, including by exercising its new powers over instant messaging, social media, and other digital companies.
For companies operating digital services in Brazil, the consultation offers an opportunity to help shape the framework governing how ANPD conducts investigations, exercises its supervisory powers, conducts compliance proceedings, and pursues enforcement actions. As the agency's remit expands beyond traditional data protection matters, these rules are likely to play an increasingly important role in shaping companies' interactions with ANPD and their exposure to regulatory scrutiny. Covington’s Public Policy and Privacy teams are ready to support clients interested in submitting comments or suggestions.
If you have any questions concerning the material discussed in this client alert, please contact the following members of our Public Policy and Privacy groups.
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