Database

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BRAZIL

Since April 2025

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Anatel Resolution No. 777 of 28 April 2025 (Resolução Anatel No. 777, de 28 de abril de 2025)
Under Art. 120 of ANATEL Resolution No. 777/2025, telecommunications service providers must keep service-related data available to ANATEL for regulatory supervision. This includes fiscal documents and subscriber registration data for a minimum period of five years for all telecommunications services; data on calls made and received, including date, time, duration and value of the call, for five years in services that allow telephone traffic; billing data for five years where applicable; and internet connection records for one year in services that allow internet connection.
Under Art. 2, the Resolution repealed Resolution No. 738/2020, which implemented similar data retention requirements.
Coverage Telecommunication sector

BRAZIL

Since August 2018, entry into force in September 2020
Since July 2024

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 13.709 of 14 August 2018 - General Personal Data Protection Law (Lei No. 13.709, de 14 de agosto de 2018 - Lei Geral de Proteção de Dados Pessoais)

Resolution CD/ANPD No. 18/2024 (Resolução CD/ANPD No. 18, de 16 de julho de 2024)
Art. 41 of the General Personal Data Protection Law stipulates that the controller must designate a data protection officer responsible for overseeing the processing of personal data. Resolution CD/ANPD No. 18/2024 subsequently approved the regulation governing the role of the data protection officer in relation to such processing.
Coverage Horizontal

BRAZIL

Since April 2014

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Law No. 12,965 of 2014 - Civil Rights Framework for the Internet (Lei No. 12.965 de 2014 - Marco Civil da Internet)
The Civil Rights Framework for the Internet law establishes a safe harbour regime for intermediaries for copyright infringements. Art. 18 states that “the Internet connection provider shall not be subject to civil liability for content generated by third party”. Art. 19, which addresses Internet application providers (excluding connection providers), states that “in order to ensure freedom of expression and to prevent censorship, an Internet application provider shall only be subject to civil liability for damages caused by virtue of content generated by third parties if, after specific court order, it does not take action, according to the framework and technical limits of its services and within the time-frame ordered, to make the infringing content unavailable.”
It is reported that, in 2025, the Supreme Court found aspects of Art. 19 to be unconstitutional. Consequently, responsibility now lies with the National Congress to draft comprehensive and technically robust legislation.
Coverage Internet intermediaries

BRAZIL

Since April 2014

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 12,965 of 2014 - Civil Rights Framework for the Internet (Lei No. 12.965 de 2014 - Marco Civil da Internet)
The Civil Rights Framework for the Internet law establishes a safe harbour regime for intermediaries beyond copyright infringements. Art. 18 states that “the Internet connection provider shall not be subject to civil liability for content generated by third party”. Art. 19, which addresses Internet application providers (excluding connection providers), states that “in order to ensure freedom of expression and to prevent censorship, an Internet application provider shall only be subject to civil liability for damages caused by virtue of content generated by third parties if, after specific court order, it does not take action, according to the framework and technical limits of its services and within the time-frame ordered, to make the infringing content unavailable.”
It is reported that, in 2025, the Supreme Court found aspects of Art. 19 to be unconstitutional. Consequently, responsibility now lies with the National Congress to draft comprehensive and technically robust legislation.
Coverage Internet intermediaries

BRAZIL

Since July 2003

Pillar Intermediary liability  |  Indicator User identity requirement
Law No. 10.703 on the Registration of Prepaid Mobile Phone Users and Other Provisions (Lei No. 10.703, Dispõe sobre o Cadastramento de Usuários de Telefones Celulares Pré-Pagos e Dá Outras Providências)
According to Art. 1 of Law 10.703, it is the responsibility of prepaid telecommunications service providers operating in the national territory to have an updated register of users. The registration, in addition to the full name and address, must contain, in the case of natural persons, the identity card number or registration number in the registry of the Ministry of Finance.
Coverage Telecommunications sector

BRAZIL

Reported in 2025

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Reported social media blocking
In February 2025, the Supreme Court ordered the blocking of the social media platform Rumble, citing the platform’s failure to appoint a local representative and its refusal to restrict certain accounts.
Coverage Rumble

BRAZIL

Since July 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
SECEX Ordinance No. 249 of 4 July 2023 (Portaria SECEX No. 249, de 4 de julho de 2023)
Under Art. 35 of Portaria SECEX No. 249/2023, imports of used consumer goods and their components, parts and accessories are not authorised. This includes ordinary used smartphones classified under NCM 8517.13.00, as they are not covered by the special regime applicable to used capital goods. Annex V identifies certain laptops, computers, peripherals and storage devices that are generally classified as consumer goods but may be treated as capital goods where their specific technical characteristics justify that classification. In such cases, the goods are subject to non-automatic import licensing rather than the prohibition.
Coverage Used ICT goods

BRAZIL

Since July 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
SECEX Ordinance No. 249 of 4 July 2023 (Portaria SECEX No. 249, de 4 de julho de 2023)
Under Arts. 21(III), 29 and 30 of Portaria SECEX No. 249/2023, imports of used capital goods and their parts, components and accessories listed in Annex V require a non-automatic import licence. Covered ICT goods include automatic data-processing systems, medium-, large- and very-large-capacity digital processing units, automated teller machines, cellular and satellite base-station equipment, switches, routers, network hubs, modems and gateways under the specified NCM classifications. Annex V also allows certain laptops, computers, peripherals and storage devices that are generally classified as consumer goods to be treated as capital goods where their specific technical characteristics justify that classification. In such cases, they are subject to non-automatic licensing rather than the restriction applicable to used consumer goods. A licence is generally granted only where no identical domestically produced good, or domestic alternative capable of serving the intended purpose, is available.
Coverage Used ICT goods

BRAZIL

Since March 2018

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Ordinance No. 9/2018 (Portaria No. 9, de 15 de março de 2018)
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.
Coverage Public sector

BRAZIL

Since August 2018, entry into force in September 2020
Since August 2024

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 13.709 of 14 August 2018 - General Personal Data Protection Law (Lei No. 13.709, de 14 de agosto de 2018 - Lei Geral de Proteção de Dados Pessoais)

ANPD's Resolution No. 19/2024 of 23 August 2024, for the Regulation of International Data Transfers and the Standard Contractual Clauses (Resolução CD/ANPD Nº 19, de 23 de agosto de 2024, aprova o Regulamento de Transferência Internacional de Dados e o conteúdo das Cláusulas-Padrão Contratuais)
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.
Coverage Horizontal

BRAZIL

Since February 2021, entry into force in July 2021, last amended in January 2024
Since April 2021, entry into force in August 2021, last amended in January 2024

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Resolution CMN No. 4.893 (Resolução CMN No. 4.893)

Resolution BCB No. 85 (Resolução BCB No. 85)
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.
Coverage Financial sector

BRAZIL

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Reported delays in patent examination
It is reported that data from the National Institute of Industrial Property (INPI) indicate that the average patent examination backlog is approximately 4.3 years, while certain sectors, including the telecommunications industry, experience average delays approaching six years. These delays are particularly significant given that Art. 40 of the Law on Industrial Property stipulates that an invention patent remains in force for a period of twenty years counted from the filing date, meaning that prolonged examination can markedly reduce the effective period of exclusive protection available to applicants.
Coverage Horizontal

BRAZIL

Since April 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Brazil is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BRAZIL

Since February 1998, entry into force in June 1998

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 9.610 of 1998 - Brazilian Copyright Law (Lei No. 9.610, de 1998 - Lei de Direitos Autorais)
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 46-48 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/her heirs; among others.
Coverage Horizontal

BRAZIL

Reported in 2017, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported persistence of digital piracy
It is reported that piracy of copyrighted material continues to pose a significant barrier to the adoption of legitimate content distribution channels, with stakeholders noting persistent levels of infringement facilitated through illicit streaming devices (ISDs) and unlawful Internet Protocol television (IPTV) applications.
Coverage Horizontal

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