Artigos

Digital Law in Brazil - Current Hot Topics | From Guidance to Active Oversight: Brazil’s New Phase of Cybersecurity Regulation

Digital Law in Brazil - Current Hot Topics | From Guidance to Active Oversight: Brazil’s New Phase of Cybersecurity Regulation

The year 2025 marked a paradigm shift in Brazil’s data protection landscape, as the National Data Protection Authority (ANPD) was elevated to the status of a regulatory agency, acquiring expanded powers of enforcement, rulemaking, and sanctioning.

Digital Law in Brazil - Current Hot Topics | Facial Biometrics and the LGPD: Advances, Risks and Regulatory Trends

Digital Law in Brazil - Current Hot Topics | Facial Biometrics and the LGPD: Advances, Risks and Regulatory Trends

The use of facial biometrics has become one of the most widespread technologies driving digital transformation in recent years. From authentication systems on mobile devices to access control in companies and residences, biometric identification has become common practice in various settings. This accelerated growth, however, brings significant legal challenges, especially regarding the protection of personal data under the Brazilian General Data Protection Law (“LGPD”) - Law No. 13.709/2018.

Digital Law in Brazil - Current Hot Topics | Brazil’s Digital ECA and Its Impact on the Technological Ecosystem

Digital Law in Brazil - Current Hot Topics | Brazil’s Digital ECA and Its Impact on the Technological Ecosystem

Law No. 15,211/2025, known as the Digital ECA, represents an unprecedented regulatory milestone in Latin America by establishing a specific legal framework for the protection of children and adolescents in the digital environment. Acknowledging that young people are immersed in online platforms from early childhood, the legislation seeks to update the Child and the Adolescent Statute to reflect a reality in which risks such as exposure to harmful content, abusive data collection, persuasive advertising, emotional manipulation, and digital dependency have become part of everyday life.

Digital Law in Brazil - Current Hot Topics | Sponsored Links and Unfair Competition in Brazil: Recent Court Trends

Digital Law in Brazil - Current Hot Topics | Sponsored Links and Unfair Competition in Brazil: Recent Court Trends

In judging SPECIAL APPEAL No. 2096417 - SP (2023/0328252-0), the rapporteur, Minister Nancy Andrighi, stated that:

Brazil’s Supreme Court Redefines Platform Liability: Toward a Global Model of Digital Diligence

Digital Law in Brazil - Current Hot Topics | Brazil’s Supreme Court Redefines Platform Liability: Toward a Global Model of Digital Diligence

In a landmark decision, Brazil’s Supreme Federal Court (STF) declared the partial unconstitutionality of Article 19 of the Marco Civil da Internet, reshaping the country’s approach to online platform liability. The ruling introduces a layered model of diligence and responsibility that aligns Brazil with evolving global standards such as the EU’s Digital Services Act and other emerging regimes of digital accountability.

Digital Law in Brazil - Current Hot Topics | Artificial Intelligence in Brazil: An Overview of the Regulatory Landscape

Digital Law in Brazil - Current Hot Topics | Artificial Intelligence in Brazil: An Overview of the Regulatory Landscape

At present, Bill No. 2,338 of 2023 is under consideration before the Brazilian National Congress, proposing a framework for the development, promotion, and ethical and responsible use of artificial intelligence (AI), grounded in the principle of human-centricity. The bill seeks to reconcile incentives for technological innovation with the protection of fundamental rights and the guarantees afforded to data subjects, by establishing parameters aimed at legal certainty and the prevention of abusive practices involving AI. Inspired by the European Union’s regulatory model, the proposal adopts a risk-based approach, classifying AI systems according to the potential impact of their applications on human life and the degree of threat posed to fundamental rights, distinguishing between artificial intelligence and generative artificial intelligence.

BRAZIL: New Law Puts Onus on Brand Owners to Protect Minors Online

BRAZIL: New Law Puts Onus on Brand Owners to Protect Minors Online

Brazil’s new Law No. 15,211/2025, establishing the Digital Statute for Children and Adolescents (ECA Digital), is a groundbreaking framework for protecting minors in digital environments, including platforms, social networks, apps, and electronic games.

BPTO Releases 2025 Statistics and Highlights Record Numbers of Applications

BPTO Releases 2025 Statistics and Highlights Record Numbers of Applications

The Brazilian Patent and Trademark Office (INPI) has released its 2025 statistics, highlighting a significant increase in both applications and grants of intellectual property rights. The data reveal historic records in patents, trademarks, industrial designs, and computer programs.

BPTO’s Strategic Direction: Speed, Predictability and Enforcement in Brazil’s IP System

BPTO’s Strategic Direction: Speed, Predictability and Enforcement in Brazil’s IP System

In December 2025, discussions involving the Brazilian National Institute of Industrial Property (BPTO), the São Paulo Intellectual Property Association (ASPI) and the Center of Industries of the State of São Paulo (CIESP) addressed the future institutional direction of Brazil’s IP authority. Led by Alexandre Lopes Lourenço, Director of Trademarks at BPTO, these exchanges provided insight into the Institute’s current challenges, operational indicators and strategic priorities.

Brazilian Court grants trade-dress protection to Timberland’s iconic “Yellow Boots” after refusal by the BPTO

Brazilian Court grants trade-dress protection to Timberland’s iconic “Yellow Boots” after refusal by the BPTO

Our firm has secured a significant victory for Timberland in a landmark ruling that recognized the distinctiveness of the brand’s iconic Yellow Boots and ordered their registration as a trademark in Brazil. The case was led by Marianna Furtado de Mendonça, partner of the firm’s trademark litigation practice.

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