Brazil: Public procurement safeguards for automated systems in Bill establishing national policy on technological governance, algorithmic transparency, and digital equity in public administration (PL 728/2026) was introduced to Chamber of Deputies

On 24 February 2026, Bill No. 728/2026 establishing the National Policy on Technological Governance, Algorithmic Transparency and Digital Equity in Public Administration was introduced to the Chamber of Deputies. The Bill would apply to the federal public administration, including contracted service providers involved in the development, provision or operation of automated systems. The Bill would introduce a mandatory prior Technological and Fundamental Rights Impact Assessment (AIDF) before drafting terms of reference, launching tenders or contracting automated systems that may affect fundamental rights. The AIDF would have to be published for at least 30 days of public consultation, subject to limited exceptions related to national security or the protection of sensitive information. In addition, public technology contracts would have to include specific anti-lock-in safeguards. These safeguards would cover interoperability requirements, data portability, documented application programming interfaces, escrow of essential components, service continuity measures, transition cooperation obligations and, where technically and economically feasible, a preference for open-source solutions. Failure to include these clauses could lead to disqualification of proposals or the nullity of contracts. Finally, the Bill would amend Law No. 14,133/2021 on Public Procurement to formally embed the AIDF requirement and the anti-lock-in safeguards into the public procurement framework.