The entry into force of Law No. 15.211/2025, on March 17, 2026, which establishes the Digital Statute for Children and Adolescents, represents a significant milestone in the evolution of digital environment regulation in Brazil. The law updates the protection regime provided for in the Statute for Children and Adolescents (ECA), establishing more defined parameters for the operation of companies within this ecosystem.

By recognizing the digital environment as an essential space for child and youth development, the legislation broadens the scope of the guarantees already provided for in the ECA (Brazilian Statute for Children and Adolescents) and establishes specific obligations applicable to digital services. Its scope is deliberately broad, encompassing not only platforms aimed at children and adolescents, but also those that present "probable access" by this audience.

In this context, the concept of "probable access" plays a central role. It is a criterion that takes into account elements such as the likelihood of use by minors, ease of access and interaction with the service, and potential risks to the privacy, security, and development of users. By adopting this parameter, Brazilian legislation aligns itself with international regulatory trends that favor risk-based and predictability-of-use approaches, broadening the spectrum of situations in which the new provisions can apply.

The regulation also projects the structuring principles of the Statute of Children and Adolescents onto the digital environment, especially comprehensive protection, absolute priority, and the best interests of children and adolescents. These principles will guide the interpretation and application of the law, encouraging the incorporation of impact analyses and the consideration of possible effects on the development of underage users in the development and operation cycle of services.

In this scenario, the provision for a legal duty of care stands out, contributing to the improvement of the logic of accountability in the digital environment. The operation of platforms now coexists with a regulatory expectation of a preventive and continuous nature. This translates into the need to identify risks, assess potential impacts, and adopt proportionate mitigation measures, in addition to maintaining accessible and effective channels for communication and incident handling.

The law also includes relevant provisions regarding the internal functioning of digital services, especially concerning data processing and certain design and operational practices. Key points include the provision for age verification mechanisms, limitations on the collection and use of data from children and adolescents, the adoption of more protective default settings, a ban on advertising targeting children's behavior, and attention to practices that may encourage excessive or inappropriate use.

Furthermore, the Digital ECA reinforces the importance of governance and transparency mechanisms, with provisions for continuous monitoring, report preparation, and dissemination of policies related to the protection of minors. Oversight involves the National Data Protection Authority and other competent bodies, highlighting the cross-cutting nature of the matter. Any non-compliance with legal provisions may result in the application of administrative sanctions, as appropriate.

The entry into force of Law No. 15.211/2025 therefore represents a movement of regulatory consolidation and maturation, bringing greater normative density to issues that have already been debated in the digital context. For companies, this is a scenario that demands attention and continuous evaluation, especially regarding the adherence of internal practices, data policies, and product development processes to the new guidelines.

In this context, adaptation to the new regime tends to occur gradually and strategically, focusing on harmonizing innovation, user experience, and regulatory compliance. The evolution of this issue should also be accompanied by administrative practice and the interpretation of the competent bodies, which reinforces the importance of constant monitoring and a structured legal approach.

Article written by: Leonardo Neri and Nicoly Crepaldi.

REFERENCES:

BRAZIL. Law No. 15.211, of September 17, 2025. Provides for the protection of children and adolescents in digital environments (Digital Statute of Children and Adolescents). Brasília, DF: Presidency of the Republic, 2025. Available at: https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2025/lei/L15211.htm. Accessed on: March 18, 2026.

BRAZIL. Federal Senate. Digital ECA, for online protection of children and adolescents, comes into force. Brasília, DF, March 17, 2026. Available at: https://www12.senado.leg.br/noticias/materias/2026/03/17/eca-digital-para-protecao-on-line-de-criancas-e-adolescentes-entra-em-vigor. Accessed on: March 18, 2026.