ANPD Imposes Landmark Fine on ByteDance and Reinforces Regulatory Trend Toward Stronger Protection of Children and Adolescents in Digital Environments

Brazil’s National Data Protection Authority (ANPD) has issued Decision Order No. 27/2026/CGS/SFI, imposing sanctions on ByteDance Brasil Tecnologia Ltda., the company responsible for TikTok in Brazil, in proceedings related to the processing of adolescents’ personal data. The decision represents one of the most significant enforcement actions in the Authority’s history and signals an intensification of regulatory oversight focused on protecting children and adolescents in digital environments. 

In this case, the ANPD imposed fines totaling approximately BRL 153.7 million, in addition to ordering the deletion of adolescents’ personal data where legal representation or assistance is not regularized within the prescribed deadline. The decision also establishes daily fines for non-compliance with the imposed measures. 

Sanctions Imposed 

According to the decision, the Authority imposed: 

• administrative fines totaling approximately BRL 153.7 million for violations of legal bases and principles established under the LGPD; 
• an order requiring the deletion of personal data relating to adolescents aged 13 to 18 whose legal representation has not been properly regularized; 
• an obligation to notify third parties who received such data through sharing arrangements and require them to delete the information from their own databases; 
• submission of a technical report, supported by audit logs and a formal declaration from the Data Protection Officer, attesting to compliance with the measures imposed; 
• daily fines exceeding BRL 137,000 in the event of failure to comply with the obligations established by the decision. 

The ruling also provides for a 25% reduction on the fine if the company waives its right to appeal and pays the amount within the applicable regulatory deadline. 

International Context: TikTok Also Faced Enforcement Action in the United States 

The Brazilian decision comes amid growing global regulatory scrutiny of digital platforms that process children’s and adolescents’ data. 

More recently, TikTok and its parent company ByteDance reached a settlement with the U.S. Department of Justice to resolve litigation related to children’s privacy protection. Under the agreement, the company agreed to pay US$400 million, consisting of an immediate payment of US$300 million and an additional US$100 million contingent on the termination of obligations stemming from a prior settlement involving Musical.ly. 

The case was based on allegations that the platform violated the Children’s Online Privacy Protection Act (COPPA), which establishes specific protections for children’s data in the United States. 

The settlement became one of the largest financial recoveries ever obtained in a children’s privacy case in the United States. 

What This Reveals About ANPD’s Regulatory Direction 

The decision reinforces a regulatory trend that has become increasingly evident in recent months. 

As previously highlighted by Peck Advogados, the ANPD is currently revising its Regulation on Administrative Sanctions and Penalty Calculation to align it with the new powers granted under the Digital Child Protection Act (ECA Digital) and the Brazilian Internet Framework (Marco Civil da Internet). The proposal significantly expands the Authority’s enforcement scope and seeks to integrate accountability frameworks under the LGPD, child protection legislation, and digital platform regulation. 

Among the key aspects of the proposed revision are: 

• expansion of the regulation’s scope to include digital service providers and online platforms subject to the ECA Digital and the Brazilian Internet Framework; 
• new criteria for classifying violations as minor, medium, or severe; 
• recidivism mechanisms that may take into account violations committed under different digital regulatory frameworks; 
• expanded criteria for calculating fines and aggravating factors relating to the protection of children and adolescents; 
• strengthening of ANPD’s supervisory and enforcement powers over online platforms and internet application providers. 

Why It Matters for Technology Companies 

This case demonstrates that the protection of children and adolescents is no longer merely a reputational concern. It has become one of the most significant regulatory priorities both in Brazil and internationally. 

For digital platforms, social networks, streaming services, online gaming companies, marketplaces, application providers, and artificial intelligence developers, it is increasingly important to: 

• review age-verification and legal representation mechanisms; 
• implement robust governance processes for minors’ data; 
• strengthen digital compliance programs; 
• maintain documentation regarding content moderation and data-processing decisions; 
• preserve audit trails and mechanisms capable of demonstrating compliance; 
• prepare for potential inspections, investigations, and enforcement actions by the ANPD. 

The combination of significant enforcement penalties, the implementation of the Digital Child Protection Act, and the ongoing revision of the ANPD’s sanctions framework points to a regulatory environment of increasing rigor, where the ability to demonstrate compliance may become just as important as the substantive fulfillment of legal obligations. 

Peck Advogados continuously monitors regulatory developments involving the ANPD, the Digital Child Protection Act, and the Brazilian Internet Framework, assisting organizations in implementing governance, data protection, and compliance programs aimed at mitigating regulatory risks. 

For further information, please contact contato@peckadv.com.br. 

Peck Advogados supports the social and educational initiatives of the Peck Institute for Digital Citizenship. To learn more, visit: www.ipcd.org.br 

Prepared by: Dr. Giovanna Bortoto, Head of Government Relations, and Caroline Morata, Legal Assistant at Peck Advogados. 

 

 

AUTHOR

• Caroline Morata
• Giovanna Bortoto