Brazil's ANPD expands inspections

Update October 9, 2026: ANPD opened a dedicated page for complaints about the new Marco Civil da Internet decrees and said the reports will be analyzed in aggregate to guide enforcement, regulation and educational actions. A memorandum with Portugal’s data protection authority was also added, along with more details on the ongoing public consultation.

ANPD has launched a dedicated online page to receive complaints about violations of Decrees No. 12,975/2026 and No. 12,976/2026, which update the Marco Civil da Internet rules. The authority said the reports will feed planning for the Superintendence of Inspection, regulatory improvements and educational initiatives.

What changed in enforcement?

The updated proposal would bring broader criteria for enforcement activity. Those would include risk prevention mechanisms, governance structures, complaint channels and technical and organizational measures, according to Bem Paraná.

That approach points to a focus that is less centered on reacting to incidents and more on how companies structure internal controls. The public debate over the reform came as ANPD continues to keep other high-profile investigations open.

TI Inside also said LGPD compliance must be provable through evidence and document management, tying that requirement to Article 6, X, on accountability. The publication also identified cooperation, demonstrable internal mitigation mechanisms, good practices and governance policies, and the rapid adoption of corrective measures as factors in sanctioning decisions.

What tools could ANPD add?

According to DNA Law, the proposal under consultation would allow ANPD to open sanctioning proceedings without a prior investigation in serious cases, issue warnings and regularization orders, and require compliance plans. The same analysis says those changes could also apply to ongoing cases, while preserving acts already carried out.

That point still depends on the interpretation of a proposal that has not yet been approved. Until a new resolution is issued, the current regulation remains in force, according to Bem Paraná.

Which investigations does ANPD want to close in 2026?

According to MLex, ANPD plans to close investigations tied to Grok and Tools for Humanity in 2026. The coverage also identifies the investigation into Grok and the production of non-consensual content as one of the authority’s highest-profile actions in the first half of the year.

The Grok case drew more attention because of the way the authority has positioned it within its enforcement agenda. MLex did not add new procedural details in the coverage reviewed, but it did place both cases within the 2026 closure target.

What new oversight did the government open?

ConJur reported that the Ministry of Justice and Public Security asked ANPD to preliminarily investigate 13 companion AI services, without concluding that any violations exist. The same coverage said the authority began monitoring major digital platforms, app stores and generative AI tools to verify obligations tied to the Marco Civil de Internet and the Digital Child and Adolescent Statute.

According to ConJur, ANPD expanded its monitoring in August 2026 to large digital platforms, app stores and generative artificial intelligence tools to check obligations under the Marco Civil da Internet and the ECA Digital. The ministry later added that Decrees No. 12,975/2026 and No. 12,976/2026 distinguish systemic responsibility for third-party content from the analysis of individual notices, and that ANPD oversees how notices are processed, not each piece of content separately.

What scope does the complaints channel have?

The channel allows anonymous complaints if the report includes enough detail to prove, or allow verification of, the facts, and the system lets users choose whether the case relates to the Marco Civil da Internet or the Child and Adolescent Digital Statute. O Liberal said the page was created after public criticism and gave examples of reportable violations, including the absence of a legal representative in Brazil and failures to meet takedown deadlines.

The same coverage also mentioned shortcomings in measures against the disclosure or generation of intimate content. O Liberal clarified that criminal conduct must be referred to police authorities, without affecting ANPD’s administrative enforcement.

What legal backing is the industry watching?

A WCB Advogados analysis says Brazilian Law 15,352/2026 turned ANPD into a regulatory agency and created a dedicated inspection career. According to the study, that change opens the door to new potential powers for the authority.

Those tools include shutting down facilities and equipment, seizing goods and requesting police support in the face of obstruction. The same analysis frames the rule review as part of a stage in which the agency gains more operational capacity and broader inspection reach.

ANPD also opened a public consultation and called a hearing on the review of its regulatory process, aiming to align Ordinance No. 16 with the current institutional and regulatory context. That proceeding is part of the 2025-2026 Regulatory Agenda and runs alongside the proposal to update the enforcement and administrative sanctioning rules approved in 2021.

The public consultation remains open until October 26, 2026, according to the coverage reviewed, and the review is intended to broaden how the authority evaluates company compliance. Meanwhile, ANPD also signed a memorandum of understanding with Portugal’s data protection authority for technical cooperation, exchange of experience and staff training.