ECA Digital in Brazil: A New Legal Framework for Child Protection in the Digital Age

On September 17, 2025, Brazil enacted Law No. 15,211/2025, formally establishing the Digital Statute for Children and Adolescents (“ECA Digital”). This landmark legislation introduces a robust and detailed legal framework aimed at protecting minors in digital environments, responding to growing societal concerns about the exposure of children and adolescents to harmful content and commercial practices online.

The law applies to all information technology products and services that are either targeted at minors or likely to be accessed by them, regardless of the place of development, commercialization, or operation. This provision reflects the extraterritorial scope of the law, aligning with global trends in digital regulation and emphasizing Brazil’s commitment to safeguarding children’s rights beyond its borders.

One of the most significant innovations introduced by the ECA Digital is the mandatory and immediate removal of content that violates the rights of children and adolescents, once notified by victims, legal guardians, the Public Prosecutor’s Office, or child protection entities, without the need for a judicial order. Furthermore, whenever content involving apparent exploitation, sexual abuse, abduction, or grooming is identified, providers must not only remove it but also report the incident to the appropriate authorities.

This provision marks a departure from the Brazilian Internet Act (Law No. 12,965/2014), which generally required a judicial order for content removal. While Brazilian courts had begun to recognize exceptions in cases involving minors, the ECA Digital now codifies this duty, establishing it as a statutory obligation.

Chapter VIII of the ECA Digital, though succinct, introduces substantive restrictions on digital advertising directed at children and adolescents. It prohibits the use of profiling techniques, including behavioral tracking and data-driven personalization, for commercial advertising purposes. Additionally, it bans the use of emotional analysis, as well as augmented reality (“AR”), extended reality (“XR”), and virtual reality (“VR”), in advertising campaigns targeting minors.

These provisions reflect a preventive regulatory approach, acknowledging the manipulative potential of immersive technologies and the cognitive vulnerabilities of children and adolescents. By restricting the use of such tools, the law seeks to ensure that digital environments remain conducive to healthy biopsychosocial development, free from undue commercial influence.

It is worth noting that the enactment of the ECA Digital follows a period of intense public debate, sparked by a video posted by Felipe Bressanim, known online as Felca, a prominent Brazilian digital influencer, which exposed widespread practices of “adultization” and the inappropriate use of minors in content production.

The ECA Digital represents a paradigm shift in Brazilian digital law, placing the rights and interests of children and adolescents at the center of regulatory design. It demands proactive compliance strategies, review of advertising practices, and implementation of child-focused data governance policies. With Provisional Measure No. 1,319/2025, the law will take effect in six months, giving companies limited time to adapt and avoid sanctions such as warnings, fines of up to R$50 million, suspension, or prohibition from operating.