Brazil's ANPD revises enforcement rules

Update October 5, 2026: The review adds new criteria for showing compliance with the LGPD, possible changes to open sanctioning cases in serious matters, and more monitoring power over platforms, app stores, and generative AI tools. The Ministry of Justice also added a request for a preliminary inquiry into 13 AI companion services.

Brazil’s ANPD held a public hearing on a proposal to update its enforcement rules and the administrative sanction process approved in 2021. The public consultation remains open until Oct. 26, 2026, according to the coverage reviewed, and the overhaul is intended to expand how the authority evaluates company compliance.

What changes in enforcement?

The proposed update would add broader criteria for enforcement actions. Those include risk prevention mechanisms, governance structures, whistleblower channels, and technical and organizational measures, according to Bem Paraná.

That approach points to a focus that is less centered on responding only after incidents and more on how companies structure internal controls. The public debate over the reform came as the ANPD keeps other high-profile investigations open.

TI Inside also said compliance with the LGPD must be demonstrated through evidence and document management, linking that requirement to Article 6, X, on accountability. The publication also identified cooperation, demonstrable internal mitigation mechanisms, good-practice and governance policies, and the rapid adoption of corrective measures as factors in penalty calibration.

What tools could the ANPD add?

According to DNA Law’s analysis, the proposal under consultation would allow the agency to open a sanctioning case without a prior investigation in serious cases, issue notices and orders to regularize, and require compliance plans. The same analysis says those changes could also apply to ongoing cases, while preserving actions already taken.

That point still depends on how a proposal that has not yet been approved is interpreted. Until a new resolution is issued, the current rule remains in force, according to Bem Paraná.

Which investigations does the ANPD want to close in 2026?

According to MLex, the ANPD expects to conclude in 2026 the investigations involving Grok and Tools for Humanity. The coverage also identified the investigation into Grok and the production of non-consensual content as one of the authority’s highest-profile actions in the first half of the year.

The Grok case drew attention because of the way the Brazilian authority has positioned the issue within its enforcement agenda. MLex did not provide new procedural details on either case in the coverage reviewed, but it placed both files among those scheduled to close in 2026.

What new review did the government open?

ConJur reported that the Ministry of Justice and Public Security asked the ANPD to conduct a preliminary inquiry into 13 so-called AI companion services, without concluding that any violations occurred. The same coverage said the authority has begun monitoring major digital platforms, app stores, and generative AI tools to verify obligations tied to the Internet Civil Framework and the Digital ECA.

What legal backing is the industry watching?

An analysis by WCB Advogados says Brazilian Law 15.352/2026 turned the ANPD into a regulatory agency and created its own inspection career. According to the study, that change opens the door to new potential powers for the authority.

Those tools include the shutdown of facilities and equipment, seizure of assets, and requests for police support when obstruction occurs. The same analysis frames the rule review as part of a stage in which the agency is gaining operational capacity and broader reach in its inspections.