Brazil: ANPD Gains More Power Over Platforms

New rules for platforms in Brazil

Brazil’s Decrees 12.975 and 12.976 took effect on July 20, 2026, expanding the obligations of digital platforms. With that change, the ANPD was formally assigned to oversee a significant share of compliance, according to official documentation published on gov.br.

The same documentation describes the ANPD as the authority responsible for regulating, auditing, and investigating possible violations tied to the digital environment under the new rules. That material also includes Technical Note No. 1/2026/FIS/CGF/ANPD on the Grok artificial intelligence system and possible violations of the LGPD.

More duties and greater control over third-party content

The regulatory debate was reflected in later analysis. Desinformante said part of the new obligations will still need to be regulated by the ANPD itself, which is adding enforcement, monitoring, and rulemaking functions for platforms, in line with powers already granted by the Digital Statute for Children and Adolescents, established by Law 15.211/2025.

Contee.org.br said that, under the new framework, platforms hosting third-party content now have specific duties tied to prevention, transparency, and responses to complaints. It also said the ANPD is responsible for enforcing those obligations, reinforcing its role as the supervisory authority.

Gazeta do Povo also reported that, under the STF decision and the new regulation, platforms can now be held legally responsible for content posted by users starting when the content is reported by any person. The outlet added that Justice Alexandre de Moraes will review challenges to Decrees 12.975 and 12.976 over an alleged censorship risk and possible negative impact on startups.

Institutional response and focus on technical risks

CGI.br published a note on the decrees and set out its position in the regulatory debate. The committee provided context on internet governance in Brazil and pointed to concerns about balancing the fight against illegal activity with the protection of online rights.

The ANPD also released a Technology Radar on deepfakes, explicitly tied to the new oversight and enforcement functions assigned to it by the decrees. The study shows the authority is preparing to monitor risks linked to synthetic content and its impact on privacy and digital security.