Resolution No. 85 by Brazil's Central Bank and Resolution No. 4,893 by National Monetary Council set out regulations on how financial institutions and other institutions regulated by the Brazilian Central Bank should hire cloud computing services from providers that store or process information outside Brazil. In the absence of a formal agreement with the regulators of the country where the services are performed, prior authorization is required, at least 60 days before.

The Personal Data Protection Law allows the international transfer of personal data only under certain conditions (Arts. 33-36). The main conditions for such a transfer are that the recipient jurisdiction has an adequate level of data protection; the controller adduces adequate safeguards (for instance, by using model contract clauses, binding corporate rules or other contractual arrangements); the data subject has given his/her consent explicitly; or the transfer is necessary for the performance of a contract between the data subject and the controller. Art. 11 provides stricter conditions for processing of sensitive personal data and it is reported that in practice these conditions forced many organizations to store privacy-sensitive data in Brazil. The law applies extraterritorially to all companies that target Brazilian consumers even when the company is not established in the Brazilian market.

It has been 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.

Brazil has a telecommunications authority: The National Telecommunications Agency (ANATEL). However, it is reported that the decision making process of this entity is not fully independent from the government.

Section 4 of the Annex of Normative Instruction on Public Procurement of Cloud Computing Services requires the existence of a national data centre. However, only classified information (reserved, secret and ultra secret) must be stored in the country. This results from the regulations of the Institutional Security Cabinet, especially Complementary Regulations No. 14/IN01/DSIC/SCS/GSIPR, which state that classified information should be exclusively stored in Brazil. The model terms of reference for procurement clarify this requirement. On the other hand, it is up to the high management of the public organization to define which information can be stored in the national territory or abroad.

Telecomunicações Brasileiras SA (Telebras), the former incumbent, is a state-owned enterprise, that was re-established in by Decree No. 7.175 of 2010, with a more limited role. Its task is to implement public policies related to the universalization of access to telecommunications in Brazil. Its focus is on digital inclusion and broadband access to remote localities as well as providing solutions for connections to universities, research centres, schools, hospitals, community centers and other public interest facilities.

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

According to Art. 86 of the General Telecommunications Law, a telecommunication service license can only be granted to companies organized and existing under Brazilian law and which have their principal place of business and administration in Brazil. Licensees that do not satisfy these requirements will be subject to the commitment of adapting themselves or setting up a new company that complies with such requirements prior to the execution of the concession contract or the authorization or permission term. Furthermore, Art. 87 determines that any company or holding company granted a concession that already renders, in the same geographical area, the same type of service subject to a bidding procedure will be obliged to transfer the service previously rendered to a third party within 18 months from the execution date of the concession agreement. Failure to observe this provision can result in forfeiture of the license, as well as other sanctions set out in the grant procedure.

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, and it is practiced in the mobile sector and in the fixed sector. According to Art. 73 of Law No. 9,472/1997, telecommunications service providers of collective interest will have the right to use posts, ducts, conduits, and easements owned or controlled by a provider of telecommunications 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, Agência Nacional de Telecomunicações (Anatel, National Telecommunications Agency) Resolution No. 683/2017 approved the Regulation for Sharing Support Infrastructure to the Provision of Telecommunications Services, which aims to discipline the sharing of infrastructure.

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

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

Brazil is a party to the Patent Cooperation Treaty (PCT).

Brazil has a copyright regime under Law 9.610. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted works by third parties. Sections 46, 47 and 48 list the exceptions, which include the reproduction of: news or informative articles, published in newspapers or periodicals, mentioning the author's name; speeches delivered at public meetings of any nature; portraits, or any other form of representation of the image, made on commission, when made by the owner of the object ordered, without opposition from the person represented in them or his heirs; among others.