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    Authority Resource

    Decree 12.975/2026 — Annotated Guide for Foreign Internet Application Providers

    Plain-English commentary on the federal decree that regulates ECA Digital (Law 15.211/2025) and shapes the operating duties of foreign technology companies in Brazil.

    Decree 12.975/2026 is the executive regulation that gives Law 15.211/2025 (Estatuto da Criança e do Adolescente no Ambiente Digital — ECA Digital) operational effect. It clarifies who must comply, what platforms qualify as 'internet application providers' reaching Brazilian users, and what institutional infrastructure they must keep inside Brazil.

    This annotated guide walks through the provisions most relevant to foreign technology companies — definitions, the Article 16-A legal-representative obligation, transparency duties, enforcement, and the transition window — with plain-English commentary and practical impact.

    Art. 1

    Purpose and scope

    This Decree regulates Law 15.211/2025 and establishes the institutional duties of internet application providers whose services are accessed by children and adolescents located in Brazil.

    What this means

    Article 1 anchors the decree in ECA Digital. It explicitly applies to internet application providers — not only platforms incorporated in Brazil — whenever Brazilian minors can access the service. Geographic reach, not corporate domicile, triggers the regime.

    Practical impact

    • Offshore platforms with measurable Brazilian audience fall in scope by default.
    • Geo-blocking Brazil is a legal route to leave scope, but it must be effective and documented.
    • Voluntary compliance protects future market access more than retroactive remediation.

    Art. 3

    Definitions

    For the purposes of this Decree, 'internet application provider' has the meaning of Marco Civil da Internet; 'foreign provider' is any provider not incorporated under Brazilian law; 'legal representative' is the natural or legal person formally designated under Art. 16-A.

    What this means

    The decree borrows the Marco Civil definition rather than inventing a new one, which keeps it consistent with prior jurisprudence. Critically, it clarifies that the legal representative may be a natural person or a legal entity — opening the door to specialized service providers acting in this capacity.

    Practical impact

    • Naming a Brazilian law firm or service provider as legal representative is expressly allowed.
    • Engaging a specialist removes the burden of relocating an employee to Brazil.
    • The representative must be formally designated — a contract alone is not enough; a registration step is required.

    Art. 16-A

    Mandatory legal representative in Brazil

    Foreign internet application providers whose services are accessible by children and adolescents in Brazil must designate a legal representative domiciled in the country, with powers to receive judicial and administrative notices, respond to authority requests, and represent the provider before regulatory bodies.

    What this means

    This is the core obligation of the decree and the operational counterpart of Article 16-A. The legal representative is the named point of contact for Brazilian courts, regulators and the data protection authority. Failure to designate one is, by itself, an infringement — independent of any underlying content dispute.

    The decree allows the representative to be a third-party professional, provided they accept the mandate in writing and are reachable inside Brazilian business hours.

    Practical impact

    • A registered Brazilian legal representative is a precondition for lawful operation, not a remediation step.
    • Designation must be filed and kept current — turnover, address or contact changes must be updated within the regulatory window.
    • Outsourcing to a specialized firm is the most common path for foreign technology companies.

    Art. 17

    Transparency and reporting duties

    Providers in scope shall publish a transparency report at least once a year, disclosing the volume of authority requests received, response times, and the systems used to protect minors.

    What this means

    Transparency obligations make the regime measurable. They also create a paper trail that regulators can compare against: a missing or implausible report becomes an inspection trigger.

    Practical impact

    • Transparency reports must be published in Portuguese and on a Brazilian-accessible URL.
    • Internal logging of authority notices should start from the date of representative designation — even if the platform has not yet received any.

    Art. 22

    Enforcement and sanctions

    Non-compliance may result in warnings, fines proportional to the provider's revenue in Brazil, suspension of activities, and, ultimately, blocking of the application by court order.

    What this means

    Sanctions escalate. The decree explicitly contemplates blocking the application — the same remedy used historically in Marco Civil cases — but reserves it for repeated or severe non-compliance.

    Practical impact

    • Fines are calibrated to local revenue, so larger commercial presence in Brazil increases exposure proportionally.
    • Designating a legal representative reduces the principal cause of escalation: ignored notices.
    • Court-ordered blocking is reputationally and operationally severe; it should be the threshold the program is built to avoid.

    Art. 30

    Transition and effectiveness

    Providers already operating in Brazil at the date of publication shall designate a legal representative within 180 days. New providers shall do so before commencing operations.

    What this means

    The transition window is short. It rewards companies that begin the designation process early — most institutional setups (KYC, notarization, consularization of foreign documents) take 60–90 days end-to-end.

    Practical impact

    • Starting the designation process inside the first 60 days of the window leaves margin for document apostille and bilingual filings.
    • New entrants should designate the representative as part of go-to-market, not after launch.

    How Lematt supports compliance

    Lematt acts as the designated legal representative for foreign internet application providers under Article 16-A. We register the mandate, receive judicial and administrative notices on your behalf, coordinate timely responses with your in-house counsel, and maintain the institutional infrastructure required by the decree.

    Our work is institutional — we do not provide legal advice. We coordinate with your existing Brazilian or international counsel to ensure that the representation, transparency reporting and contact-point obligations are met inside the regulatory window.

    Related reading

    →

    Legal Representative — ECA Digital

    →

    Representative vs Subsidiary vs Branch

    →

    Brazil Legal Representation Glossary

    →

    Brazil Entry 30/60/90 Timeline

    Frequently asked questions

    Who must comply with Decree 12.975/2026?

    Any provider of internet applications — foreign or Brazilian — whose service reaches Brazilian users falls under the decree. Foreign providers must designate a Brazilian legal representative under Article 16-A regardless of whether they have a local subsidiary.

    What is Article 16-A?

    Article 16-A requires foreign internet application providers reaching Brazilian users to keep an institutional legal representative in Brazil, with a working cooperation channel for courts, the Public Prosecutor's Office, child-protection authorities and regulators.

    Does Decree 12.975/2026 require a Brazilian subsidiary?

    No. The decree requires a legal representative, not a subsidiary. Many providers comply by appointing an institutional representative without incorporating a Brazilian entity.

    What is the relationship between ECA Digital and Decree 12.975/2026?

    Law 15.211/2025 (ECA Digital) is the statute; Decree 12.975/2026 is the executive regulation that gives it operational effect, defining scope, duties of representatives, transparency obligations and enforcement.

    What happens if a foreign provider does not appoint a representative?

    Non-compliance exposes the provider to enforcement under ECA Digital and related regimes, including content-removal orders, fines and potential restrictions on service availability in Brazil.

    Is this page legal advice?

    No. This annotated guide is informational. Lematt provides institutional legal representation and related services, not legal advice. Specific legal questions should be referred to licensed Brazilian counsel.

    Designate your Brazilian legal representative

    Engage a specialized representative under Article 16-A in a structured, auditable process. We coordinate documents, notarization and registration end-to-end.

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    This page is an informational summary of public legislation. It is not legal advice and does not create a client relationship.