Digital ECA: Signs of Practical Enforcement of the New Regulatory Framework

The Digital Statute of the Child and Adolescent (Law No. 15,211/2025 – “Digital ECA”) came into effect in March 2026 and is already a topic of intense debate. The law establishes obligations for the digital environment, seeking to ensure that agents in the digital chain, whether platforms, developers, or advertisers, act to promote a safer digital environment. Such requirements demand structural reviews in existing products and proceedings or their implementation by design. They also become the stage for new service providers aiming at age reclassification and facial recognition as allies in user identification. The first months of validity demonstrate that the regulation is not merely theoretical, but is being applied in practice.

As a example, the understanding of the Ministry of Justice and Public Security (“MJSP”) stands out, as per the MJSP Ordinance No. 1,048/2025, which is aligned with the Decree N° 12.880/2026, and leads to the age reclassification of digital platforms, depending on the content displayed on platforms. A prime example is any animation that contains childish appearance but addresses sensitive themes – such as trafficking, domestic violence, and abuse -, especially when produced using artificial intelligence (“AI”). Thus, the age rating seal must be visible (including on websites or app stores) and the user (or their legal representative) must be informed of the respective rating before accessing it.

In the same sense of practical applications, the Brazilian Data Protection Agency (“ANPD”) itself – responsible for complementary regulation and supervision of digital practices involving minors – started, on April 30th, a Call for Contributions process on the Guidance Guide “Suppliers of Information Technology Products or Services”. Through this initiative, until June 15th, interested parties can contribute with suggestions on the scope of application of the law and the obligations in digital services, seeking to build thorough guidelines for the implementation of the Digital ECA.

This process aims to increase clarity on central concepts and define a regulatory standard applicable to different platforms, increasing predictability and legal certainty for regulated agents and other interested parties.

Just like the age reclassification in games and platforms, the opening of the Call for Contributions process by the ANPD is a concrete sign that the new regulatory framework is being implemented vigorously. These changes reflect a commitment to the protection of children and adolescents in digital environments and indicate that the different players in the sector will need to adapt to the new legal requirements.

We remain available to support you in any risk assessment, review practices, and adaptation to the new regulatory requirements on the subject. For more information, please contact our team: digital@kasznarleonardos.com