The Digital ECA (Digital Statute of Children and Adolescents) will come into force next Tuesday (17) in Brazil. The legislation requires companies to implement parental control tools, verify the age of users and be held responsible for distributing inappropriate content to minors.
According to Leonardo Braga Moura, a lawyer specializing in digital law, the main change brought about by ECA Digital is when its services are used by children and adolescents.
“The main change is that digital platforms have more responsibility when services are used by children and adolescents. This involves age verification mechanisms, parental supervision tools and greater care with minors’ personal data”, he explained.
Prevention instead of reaction
The new legislation changes the operating paradigm of companies, which no longer acts only reactively to adopt preventive measures. “Companies have to act, they stop acting in a reactive way, removing problems after they appear. They start to play a preventive role in managing digital risks”, highlighted Leonardo. The expert highlighted that platforms will need to implement more reliable age verification mechanisms, with the user’s declaration alone not being enough.
ECA Digital also establishes limits for advertising aimed at children and requires platforms to adapt content by age group. Leonardo Braga Moura explained that Brazil already had childhood protections, such as the Child and Adolescent Statute itself, the Marco Civil da Internet and the LGPD (General Data Protection Law). The difference between ECA Digital is precisely connecting these principles to the concrete functioning of digital platforms.
Global protection trend
The lawyer highlighted that the whole world is discussing how to protect children online, and ECA Digital represents a relevant step in this global agenda. “I do understand that we are going to go through challenges, the platforms will have to adapt. It’s not about keeping children away from technology, but about ensuring that technology is safe for them,” he stated.
The new legislation also addresses the issue of child protection, establishing that they must follow the logic of the child’s best interests. Leonardo Braga Moura highlighted that the implementation of the law will go through a period of maturation, but that it is essential to establish these responsibilities in the digital environment. “The child will not be prevented from using or working, but there will have to be a new way of looking at reality in the digital environment”, he concluded.
