The Personal Data Protection Law provides a framework for comprehensive data protection in Brazil. It applies to the treatment of personal data, including through digital means, by natural or juridical persons of a public or private nature. The law applies regardless of the country of origin of the person and the country where data is located provided that: data treatment is made in the national territory; or data treatment activities aims at the supply of goods or services or data treatment of individuals located in the national territory; or data has been collected in the national territory.

Art. 13 of the Civil Rights Framework for the Internet states that connection logs of Internet service providers (ISPs) should be retained for a minimum period of one year. The police, administrative authorities, or the Public Prosecutor's Office may request in a precautionary manner that the connection logs be kept for a longer period. Authorities have a period of 60 days, counting from the time of the request, to obtain a court order to access the information.

According to Art. 15 of the Civil Rights Framework for the Internet, internet application providers that are constituted as a legal entity and that carry out this activity in an organised manner professionally and with economic purposes must retain the respective records of access to the Internet applications for a period of six months. Internet applications are defined in Art. 5 (VII) as a set of functionalities that can be accessed through a terminal connected to the Internet.

Brazil has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Brazil has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Law 9.279 provides a framework for effective protection of trade secrets. Art. 195 (XI, XII, and XIV) of the Law protects confidential, classified or undisclosed information. In addition, Art. 206 safeguards industrial secrets revealed in the context of judicial proceedings by ensuring special confidentiality.

Brazil has established an obligation for passive infrastructure sharing to deliver telecom services to end users. In addition, passive infrastructure sharing is practised in the mobile sector and in the fixed sector. According to Art. 73 of Law No. 9.472/1997, telecom service providers of collective interest have the right to use posts, ducts, conduits, and easements owned or controlled by a provider of telecom services or other services of public interest in a non-discriminatory manner and at fair and reasonable prices and conditions. On the other hand, Law No. 13.116/2015 establishes general rules for the implementation and sharing of telecommunications infrastructure. Additionally, Resolution No. 683/2017 of the "Agência Nacional de Telecomunicações" (Anatel, National Telecommunications Agency) approved the Regulation for Sharing Support Infrastructure to the Provision of Telecommunications Services, which aims to discipline the sharing of infrastructure.

It is reported that the federal government of Brazil owns 96.3% of the shares in the telecommunications company Telecomunicações Brasileiras S.A. (Telebras). The federal government directly holds 92.43% of the total, the Financiadora de Estudos e Projetos (FINEP), an entity of the federal government, owns 3.74%, and Banco do Brasil S.A., a bank under federal governmental control, holds 0.11%

It is reported that Brazil mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

It is reported that although Brazil permits Brazilian-owned entities to acquire the exclusive right to operate a satellite and its associated frequencies from specific positions, foreign-licensed satellite operators may obtain only a non-exclusive right (a landing right) to provide service in Brazilian territory. The National Telecommunications Agency (ANATEL) grants these landing rights for a fixed term of no longer than 15 years, after which the operator must reacquire the landing rights in order to continue providing services. Foreign operators are also required to pay higher annual landing fees than Brazilian firms.

Brazil has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the National Telecommunications Agency (Anatel), the executive body tasked with supervising and regulating services within the telecommunications sector, operates independently of the government in its decision‑making processes. Anatel is administratively and financially autonomous and is not hierarchically subordinate to any governmental authority. Its decisions are subject only to judicial review by the national courts.

According to Section 5.3 of Ordinance No. 9/2018, data, metadata, information and knowledge produced or stored by Federal Public Administration (FPA) bodies and its backups shall reside in the Brazilian territory. In addition, Section 5.4 stipulates that the data, metadata, information and knowledge generated or held by a FPA entity or body relating to personal data (relating to intimacy, privacy, honour and image), information with restricted access under current legislation and preparatory documents may be processed in a cloud computing environment at the discretion of the FPA entity or body, taking into account current legislation, but must reside exclusively on Brazilian territory.

Art. 12 of Resolution CMN No. 4.893 and Art. 12 of Resolution BCB No. 85 state that institutions authorised to operate by the Central Bank of Brazil (Banco Central do Brasil, BCB) may contract cloud and data processing services in Brazil or abroad as long as they adopt corporate governance practices proportionate to the service hired and the risks to which they are exposed to, and verify the capability of the potential service to ensure compliance with the current legislation, institution's access to data, the confidentiality and integrity of data, adherence to certification patterns required by the institution, access to auditing reports, provision of information and management resources appropriate to the monitoring of services provided, identification of the institution's customer data and quality of access controls aimed at protecting customers data. In addition, Art. 15 of both Resolutions establishes that the companies should notify BCB of the countries where financial data is processed. Also, Art. 16 of both Resolutions provides that the contracting of data processing, data storage and cloud computing relevant services provided abroad must fulfil the following requisites:
- The existence of an agreement for the exchange of information between the BCB and the supervisory authorities of the countries where the services may be provided;
- The contracting institution must ensure that the provision of the services does not cause damage to its own functioning, neither do they deter the action of the BCB;
- The contracting institution must define, previously to the contracting, the countries and the regions in each country where the services can be provided and the data can be stored, processed and managed;
- The contracting institution must anticipate alternatives for business continuity, either in the case of the impossibility of continuing the contract or terminating it.
The BCB's prior approval must be obtained if the institution retains a cloud service provider in countries where there is no agreement to exchange information between the BCB and the competent authorities. The institutions must request such approval from the BCB at least 60 days before retaining the cloud services in question.

Under Art. 33 of the General Personal Data Protection Law (LGPD), the international transfer of personal data is permitted only in specific situations: when directed to countries or international organisations recognised as providing an adequate level of protection; where the controller demonstrates compliance with LGPD principles through safeguards such as standard contractual clauses (SCCs), binding corporate rules (BCRs), or approved codes of conduct; when required for international legal cooperation between public authorities; to protect the life or physical integrity of the data subject or a third party; when authorised by the National Data Protection Authority (ANPD); when arising from international cooperation agreements; when necessary for implementing public policies or fulfilling legal mandates of public administration; when the data subject provides explicit and informed consent, clearly distinguished from other purposes; when required to comply with legal or regulatory obligations; when necessary for the performance of a contract or pre-contractual measures requested by the data subject; or when essential for the exercise of rights in judicial, administrative, or arbitral proceedings.
Resolution No. 19/2024 of the ANPD governs transfers based on adequacy decisions and appropriate safeguards. The ANPD may designate jurisdictions as adequate following an assessment of their legal frameworks, enforcement mechanisms, and redress options. The Resolution introduces ANPD-approved SCCs, which must be adopted without modification, and permits BCRs for intra-group transfers subject to prior approval. In exceptional cases where SCCs cannot be applied, controllers may seek ANPD authorisation for specific contractual clauses, provided these ensure an equivalent level of protection.