(São Paulo) – In a significant move for children’s rights in the digital age, Brazilian President Luiz Inácio Lula da Silva signed into law on September 17, 2025, the country’s inaugural legislation aimed at safeguarding children online. Dubbed the ECA Digital — an acronym derived from its Portuguese name — this landmark law seeks to modernize Brazil’s 1990 Statute of the Child and Adolescent to address the unique challenges posed by the digital environment.
The ECA Digital mandates that technology companies providing services likely to be accessed by children must prioritize the best interests of young users by designing products that ensure maximum privacy and safety as the default setting. This legislation represents a crucial step forward in protecting children from the myriad risks they face online.
“Brazilian children are finally getting the protections they need and deserve to learn, explore, and play safely online,” stated Hye Jung Han, a children’s rights and technology researcher at Human Rights Watch. Her organization has long advocated for stronger safeguards against the exploitation of children’s personal data in the digital landscape.
This new law expands upon the measures provided by Brazil’s existing General Personal Data Protection Law, which has proven inadequate in addressing the specific vulnerabilities that children face. Two of the ECA Digital’s most robust provisions directly respond to pressing concerns highlighted in recent investigations by Human Rights Watch.
One critical aspect of the law explicitly prohibits online services from using children’s personal data in any manner that may violate their privacy or other legally guaranteed rights. This provision is particularly timely, as a 2024 Human Rights Watch report revealed alarming instances where Brazilian children’s personal photographs were misappropriated to develop powerful artificial intelligence tools, which were later misused to create harmful deepfakes targeting other minors.
Moreover, the ECA Digital bans the profiling of children for behavioral advertising. This practice, which involves tracking minors’ online activities to manipulate their preferences and behaviors, is recognized as a serious infringement on their rights. The law echoes recommendations made by Human Rights Watch in earlier investigations that exposed the pervasive surveillance of children in digital spaces, including their online classrooms.
The passage of the ECA Digital showcases the strong political will within Brazil to prioritize the rights of children in the digital realm. Initially introduced by Senators Flávio Arns and Alessandro Vieira in 2022, the bill garnered unanimous support in the Senate by November 2024, cleared the Chamber of Deputies in August 2025 with backing from nearly all political factions, and was swiftly ratified by the Senate again within a week.
Despite facing fierce opposition from the tech industry, which sought to dilute the legislation’s original provisions, the bill’s broad support facilitated its successful enactment. Notably, industry lobbying efforts resulted in the removal of a proposed ban on “loot boxes” in video games—features that encourage children to spend money for randomized rewards. However, after significant pushback from Senator Arns, one of the bill’s co-sponsors, this ban was reinstated in the final version approved by the Senate.
Set to take effect in March 2026, the ECA Digital will be enforced by Brazil’s data protection authority. Companies that fail to comply with the law could face hefty fines of up to 50 million Brazilian reais (approximately US$9.44 million) or up to 10 percent of their revenue generated in Brazil. Depending on the severity of violations, companies may also face suspension or bans from operating within the country.
The impact of the ECA Digital will hinge on the effectiveness of its enforcement. Human Rights Watch emphasizes the importance of the data protection authority engaging meaningfully with children as it begins to develop protections that encompass a range of children’s rights. Additionally, the agency must ensure that its enforcement practices uphold the rights of all users, not just minors.
As Brazil takes this historic step, it sets a precedent as the first country in Latin America to enact comprehensive legislation aimed at protecting children’s online privacy and safety. “Brazil has stepped forward as a leader in child protection in the digital space,” Han remarked. “Other governments should watch, learn, and follow suit.”
This landmark legislation not only marks a victory for Brazilian children but also serves as a call to action for nations worldwide to prioritize the safety and rights of their youngest citizens in an increasingly digital world.
