Age verification of ECA Digital may take months; porn sector awaits guidance
The implementation of age verification under Brazil's ECA Digital law will not be immediate and may take months, with the government currently drafting a regulatory decree.
The age verification component of Brazil's ECA Digital (Child and Adolescent Statute) law, aimed at restricting access to sensitive content, won't be enforced immediately upon the law's enactment on Tuesday. Members of the Ministry of Justice and Public Security confirmed that the implementation would be phased, potentially taking several months. This delay has raised concerns among various sectors, particularly those offering adult content, who are eager for clarity on compliance requirements.
The national regulator, the National Data Protection Agency (ANPD), is tasked with establishing the technical requirements that will ensure security and reliability in the age verification process. This includes determining the types of technology that will be accepted for age verification and outlining how user data will be protected. The agency has communicated that a federal decree is currently being drafted to elaborate on various aspects and definitions of the law, which is expected to provide more direction on age verification.
Once the decree is finalized, the ANPD will issue additional guidelines concerning age verification. Some companies may face faster implementation of these regulations, leading to a mixed response within industries affected by the ECA Digital law. This development underlines the complexities involved in the modern regulation of access to sensitive content, especially as it pertains to protecting minors online while balancing industry interests.