New Structure of the ANPD and Impacts Brought by the Digital Child and Adolescent Statute

Among the most recent publications related to the Brazilian Data Protection Agency (“ANPD”), the release of Decree No. 12.881/2026 stands out. The Decree approves the new regimental structure, the updated framework of commissioned positions, and new institutional responsibilities, thereby strengthening the Agency’s autonomy and operational capacity.

Restructuring of the ANPD and increase in positions

The Decree formally approves the new structure of the ANPD, expanding the number of commissioned positions and trust functions, as detailed in Annexes I and II of the regulatory text. This expansion reinforces the agency’s administrative, technical, and decision‑making capabilities.

Diffuse Rights Defense Fund (FDD)

Decree No. 1.306/1994 has been amended to include the ANPD among the bodies that compose the Federal Council for the Management of the Diffuse Rights Defense Fund (FDD), strengthening the role of data protection within broader public policy discussions involving diffuse and collective rights.

Expansion of responsibilities related to the Digital Child and Adolescent Statute (ECA Digital)

In addition to reorganizing its internal structure, ANPD now assumes new responsibilities stemming from the regulation of the Digital Child and Adolescent Statute (Law No. 15.211/2025). Under this new framework, the Agency is responsible for:

• defining the implementation schedule of rules applicable to digital platforms;

• supervising compliance with data protection requirements for children and adolescents;

• assessing the effectiveness of age‑verification mechanisms, content‑classification rules, and parental‑control measures;

• supporting the implementation of safeguards against digital risks, such as exposure to inappropriate content or manipulative practices.

Conclusion

Decree No. 12.881/2026 represents a significant step in consolidating the institutional role of the ANPD, strengthening its regulatory capacity and expanding its responsibilities, particularly within the context of implementing ECA Digital.

Furthermore, the Agency’s structure and composition are expected to evolve in the coming months, with the conclusion of a few mandates and upcoming appointments, potentially shaping new directions for its regulatory activities and bringing additional responsibilities.

We will keep  monitoring news regarding this topic and remain available to assist in any consultancy needed. For more information, please contact our team at digital@kasznarleonardos.com.