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ANPD signals risk-based approach for age assurance regulation

ANPD Director Iagê Zendron Miola participated in Safer Internet Day, an event hosted by SaferNet on February 11, and outlined the principles that will guide the agency’s approach to regulating the age assurance mechanisms required under Law No. 15,211/2025 (ECA Digital).

Miola stated that the ANPD does not intend to impose a single technological solution for all business models, recognizing that different risks require different regulatory measures. The agency also ruled out solutions involving mass data collection, insecure storage, or invasive methods, and indicated it will seek mechanisms that balance age assurance accuracy with user privacy protection.

The Director further noted that the ANPD already considers self-declaration an insufficient method for content prohibited by law, regardless of whether more detailed regulation has been issued, and that age assurance will be treated as a priority enforcement area. Miola also signaled that the LGPD’s sanctions guidelines will need updating to accommodate the ECA Digital’s sanctioning framework, which provides for more severe penalties.

The ANPD awaits the publication of the presidential decree regulating the ECA Digital, which is being drafted by the Ministry of Justice and Public Safety (MJSP) jointly with the Casa Civil and other agencies, and is expected in February. The decree is anticipated to define the distinction between prohibited and inappropriate content and establish the general principles for age assurance mechanisms, with detailed technical requirements to be subsequently issued by the ANPD.

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