Human Rights Watch (HRW) celebrated the recent enactment of a transformative Brazilian law aimed at fortifying children's online privacy and rights. Dubbed the ECA Digital, this legislation marks a pioneering move to adapt child protection to the digital age, significantly building upon the frameworks set by the existing General Personal Data Protection Law.

The ECA Digital imposes stringent requirements on IT providers, including operators of internet applications, app stores, and electronic games. These entities are now mandated to design their offerings with the best interests of young users in mind, ensuring robust privacy safeguards to shield them from online hazards. Measures include technical solutions to block inappropriate content access by minors and prohibitions on data processing that might infringe on the privacy or rights of the youth.

A notable aspect of the legislation is its stringent stance against "loot boxes" in video games. These are virtual items bought with real or virtual currencies without prior knowledge of their contents, a practice that has raised concerns about encouraging gambling behaviors among children. Despite resistance from some political factions and tech companies, the ban underlines Brazil's commitment to child safety over commercial interests.

Non-compliance with the new law could lead to severe penalties for businesses, including fines up to 50 million Brazilian reais (approximately $9.44 million) or up to 10% of the company's annual income in Brazil. Serious violations could even result in suspension or a complete ban of operations.

Signed into law by President Lula Da Silva on September 17, ECA Digital is set to come into effect in March 2026. President Da Silva emphasized that the law would empower Brazilian parents with effective tools to manage their children's digital interactions and protect their privacy.

This legislative move comes at a time when data protection concerns are increasingly coming to the fore globally. Recent years have seen major technology firms face legal repercussions for privacy breaches. For instance, Apple was fined $162 million by the French competition authority for privacy violations, and Meta Platforms faced a 91 million euros fine from the Irish Data Protection Commission for failing to secure passwords properly.

Moreover, the growing scrutiny extends beyond conventional social media and tech platforms. The Texas attorney general has recently launched inquiries into AI chatbot services accused of misleading children about the nature of mental health support provided, highlighting the broader implications and challenges of digital privacy and safety.

As digital landscapes evolve, Brazil's pioneering approach in legislating online child protection could serve as a model for other nations grappling with similar issues, underscoring the importance of prioritizing the well-being and rights of younger internet users in an increasingly connected world.