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Digital Law | MLB Lawyers | Brazil

Maldonado Latini e Braguim Advogados | Direito Digital | São Paulo | SP

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ANPD opens public consultation on age verification on digital platforms.

Jun 19
2 min read

On May 22nd, the National Data Protection Agency opened a public consultation on the Guidance Guide for Age Verification Mechanisms, with contributions open until July 9th through the Brasil Participativo platform. This move confirms the progress in regulation regarding age verification in digital services and indicates that the topic is moving towards a more concrete stage of implementation within the context of the Digital Statute of Children and Adolescents (ECA Digital).


The new version of the Guide expands on the preliminary guidelines published in March and details not only the general requirements for age verification solutions, but also the logic for distributing responsibilities in the digital ecosystem. The proposed model is based on a two-tiered chain of responsibility, involving app stores, operating systems, and other providers of digital products and services, requiring adequate processing of the age signal and contingency plans in case of transmission failures.


The document also elaborates on the practical criteria that should guide implementation, focusing on proportionality, accuracy, privacy, inclusion, transparency, auditability, and interoperability. Among the most sensitive points are prior risk assessment, the formalization of governance instruments, the segregation of age verification systems, the elimination of raw data whenever possible, the periodic review of algorithmic biases, the maintenance of audit logs, and a preference for solutions that share only the age attribute, without unnecessarily expanding the circulation of personal data.


The Guide also addresses mechanisms such as facial recognition, document verification, and verifiable credentials in more detail, indicating minimum parameters for their use and making it clear that the choice of solution should vary according to the risk level of the product or service. For companies, it will be necessary to review product architecture, data flows, contracts with partners, governance documentation, impact assessments, and operational response criteria in light of future regulatory requirements.

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