Brazil: Adopted CONANDA Resolution No. 245 Providing for the Rights of Children and Adolescents in a Digital Environment including Data Protection Regulations

On 5 April 2024, Resolution No. 245 Providing for the Rights of Children and Adolescents in a Digital Environment was adopted by the National Council for the Rights of Children and Adolescents (CONANDA). The Resolution mandates that the privacy of children and adolescents in digital environments must be respected and protected by default, including the processing and storage of their personal data. Companies providing digital services to children and adolescents must inform them about the use of their data in simple and transparent language. Personal data collection must be minimised and stored only for the necessary duration. Consent for data processing must be obtained from guardians, requested specifically and prominently, and can be withdrawn at any time. The use of children's personal data for commercial purposes, profiling, or advertising targeting is prohibited, and the use of automated surveillance or monitoring technology must not occur indiscriminately. Additionally, companies must ensure that data processing complies with high standards of protection and security aligned with the prioritised protection guaranteed to children and adolescents. The Resolution will be implemented on 9 April 2024.