Terms & Conditions
Law No. 12,965/2014, known as the Marco Civil da Internet, establishes fundamental rights and principles related to the internet in Brazil, including:
1-Net Neutrality: Prohibits discrimination of data traffic on the internet, ensuring that all data is treated equally, regardless of content, origin, destination or service.
2-Privacy and Data Protection: Establishes the protection of users' privacy, determining that companies and internet providers must protect users' personal information.
3-Freedom of Expression: Protects users’ freedom of expression, except in cases where there is a court order ordering the removal of specific content.
4-Responsibility of Providers: Defines the responsibilities of internet providers in relation to content generated by third parties.
5-Data Storage: Establishes the obligation for connection and application providers to store access records for a specified period.
6-Saving of Records: Determines that access records must be kept for a minimum period of six months.
7-Collaboration in Criminal Investigation: Establishes procedures for the collaboration of internet providers in criminal investigations.
8-Universal Access: Seeks to promote universal access to the internet as a fundamental right.
9-Principle of Free and Open Internet: Defends the open and collaborative nature of the internet.
CHAPTER I
PRELIMINARY PROVISIONS
Art. 1st. This Law establishes principles, guarantees, rights and duties for the use of the internet in Brazil and determines the guidelines for action by the Union, the States, the Federal District and the Municipalities in relation to the matter.
Art. 2°. The discipline of internet use in Brazil is based on respect for freedom of expression, as well as
I - recognition of the global scale of the network
II - human rights, personality development and the exercise of citizenship in digital media
III - plurality and diversity
IV - openness and collaboration
V - free enterprise, free competition and consumer protection
VI - the social purpose of the network
Art. 3°. The discipline of internet use in Brazil has the following principles
I - guarantee of freedom of expression, communication and expression of thought, in accordance with the Federal Constitution
II - privacy protection
III - protection of personal data, in accordance with the law
IV - preservation and guarantee of network neutrality
V - preservation of the stability, security and functionality of the network, through technical measures compatible with international standards and by encouraging the use of good practices
VI - accountability of agents according to their activities, under the terms of the law
VII - preservation of the participatory nature of the network
VIII - freedom of business models promoted on the internet, as long as they do not conflict with the other principles established in this Law
Sole paragraph: The principles expressed in this Law do not exclude others provided for in the national legal system related to the matter or in international treaties to which the Federative Republic of Brazil is a party.
Art. 4°. The discipline of internet use in Brazil aims to promote
I - the right to access the internet for everyone
II - access to information, knowledge and participation in cultural life and in the conduct of public affairs
III - innovation and promotion of the wide dissemination of new technologies and models of use and access
IV - adherence to open technological standards that allow communication, accessibility and interoperability between applications and databases
Art. 5°. For the purposes of this Law, it is considered
I - internet: the system consisting of a set of logical protocols, structured on a global scale for public and unrestricted use, with the purpose of enabling data communication between terminals through different networks
II - terminal: the computer or any device that connects to the internet
III - internet protocol address (IP address): the code assigned to a network terminal to allow its identification, defined according to international parameters
IV - autonomous system administrator: the natural or legal person who manages specific IP address blocks and the respective autonomous routing system, duly registered with the national entity responsible for registering and distributing IP addresses geographically referring to the Country
V - internet connection: enabling a terminal to send and receive data packets over the internet, through the assignment or authentication of an IP address
VI - connection record: the set of information relating to the date and time of the start and end of an internet connection, its duration and the IP address used by the terminal to send and receive data packets
VII - internet applications: the set of functionalities that can be accessed through a terminal connected to the internet
VIII - access records to internet applications: the set of information relating to the date and time of use of a specific internet application from a specific IP address
Art. 6°. When interpreting this Law, in addition to the foundations, principles and objectives set out, the nature of the internet, its particular uses and customs and its importance for promoting human, economic, social and cultural development will be taken into account.
CHAPTER II
USER RIGHTS AND GUARANTEES
Art. 7°. Access to the internet is essential to the exercise of citizenship, and the user is guaranteed the following rights
I - inviolability of intimacy and private life, its protection and compensation for material or moral damage resulting from its violation
II - inviolability and confidentiality of the flow of your communications over the internet, except by court order, in accordance with the law
III - inviolability and confidentiality of your stored private communications, except by court order
IV - no suspension of the internet connection, except for debt directly resulting from its use
V - maintenance of the contracted quality of the internet connection
VI - clear and complete information contained in service provision contracts, with details on the protection regime for connection records and access records to internet applications, as well as network management practices that may affect its quality
VII - not providing third parties with your personal data, including connection records and access to internet applications, except with free, express and informed consent or in the cases provided for by law
VIII - clear and complete information about the collection, use, storage, processing and protection of your personal data, which may only be used for purposes that
a) justify their collection
b) are not prohibited by legislation
c) are specified in service provision contracts or in terms of use of internet applications
IX - express consent to the collection, use, storage and processing of personal data, which must be separate from other contractual clauses
X - definitive exclusion of personal data that has provided the particular application of the Internet, at its request, at the end of the relationship between the parties, except for the hypotheses of compulsory custody of records provided for in this Law
XI - publicity and clarity of possible use policies of internet connection providers and internet applications
XII - accessibility, considering the physical-motor, perceptual, sensory, intellectual and mental characteristics of the user, in accordance with the law
XIII - application of consumer protection and defense standards in consumer relationships carried out on the internet
Art. 8°. Guaranteeing the right to privacy and freedom of expression in communications is a condition for the full exercise of the right to access the internet
Single paragraph. Contractual clauses that violate the provisions of the caput are null and void, such as those that
I - imply an offense to the inviolability and confidentiality of private communications over the internet
II - in an adhesion contract, do not offer the contractor the adoption of the Brazilian forum as an alternative for resolving disputes arising from services provided in Brazil
CHAPTER III
PROVISION OF INTERNET CONNECTION AND APPLICATIONS
Section I
From Network Neutrality
Art. 9°. The person responsible for transmission, switching or routing has the duty to treat any data packets equally, without distinction by content, origin and destination, service, terminal or application
§ 1°. Discrimination or degradation of traffic will be regulated in accordance with the exclusive powers of the President of the Republic provided for in section IV of art. 84 of the Federal Constitution, for the faithful execution of this Law, after consulting the Internet Steering Committee and the National Telecommunications Agency, and can only result from
I - technical requirements essential for the adequate provision of services and applications
II - prioritization of emergency services
§ 2°. In the event of discrimination or degradation of traffic provided for in § 1, the responsible person mentioned in the caput must
I - refrain from causing harm to users, in accordance with art. 927 of Law no. 10,406, of January 10, 2002 - Civil Code
II - act with proportionality, transparency and equality
III - inform its users in advance in a transparent, clear and sufficiently descriptive manner about the traffic management and mitigation practices adopted, including those related to network security
IV - offer services under non-discriminatory commercial conditions and refrain from practicing anti-competitive conduct
§ 3°. When providing an internet connection, whether costly or free, as well as in transmission, switching or routing, it is prohibited to block, monitor, filter or analyze the content of data packets, respecting the provisions of this article
Section II
Protection of Records, Personal Data and Private Communications
Art. 10°. The storage and availability of connection records and access to internet applications referred to in this Law, as well as personal data and the content of private communications, must take into account the preservation of intimacy, private life, honor and image of the parties directly or indirectly involved
§ 1°. The provider responsible for custody will only be obliged to make the records mentioned in the caput available, independently or associated with personal data or other information that may contribute to the identification of the user or terminal, upon court order, in accordance with the provisions of Section IV of this Chapter, respecting the provisions of art. 7th.
§ 2°. The content of private communications may only be made available by court order, in the circumstances and in the manner established by law, respecting the provisions of sections II and III of art. 7th.
§ 3°. The provisions of the caput do not prevent access to registration data that inform personal qualifications, affiliation and address, in accordance with the law, by administrative authorities that have legal competence to request them
§ 4°. Security and confidentiality measures and procedures must be communicated clearly by those responsible for providing services and meet standards defined in regulations, respecting their right to confidentiality regarding business secrets
Art. 11°. In any operation of collection, storage, custody and processing of records, personal data or communications by connection providers and internet applications in which at least one of these acts occurs in national territory, Brazilian legislation and the rights to privacy, protection of personal data and confidentiality of private communications and records
§ 1°. The provisions of the caput apply to data collected in national territory and to the content of communications, provided that at least one of the terminals is located in Brazil
§ 2°. The provisions of the caput apply even if the activities are carried out by a legal entity based abroad, as long as it offers services to the Brazilian public or at least one member of the same economic group has an establishment in Brazil
§ 3°. Internet connection and application providers must provide, in accordance with the regulations, information that allows verification of compliance with Brazilian legislation regarding the collection, safekeeping, storage or processing of data, as well as respect for privacy and the secrecy of communications
§ 4°. Decree will regulate the procedure for investigating violations of the provisions of this article
Art. 12°. Without prejudice to other civil, criminal or administrative sanctions, violations of the rules provided for in arts. 10 and 11 are subject, depending on the case, to the following sanctions, applied individually or cumulatively:
I - warning, indicating a deadline for adopting corrective measures;
II - fine of up to 10% (ten percent) of the economic group's revenue in Brazil in its last year, excluding taxes, considering the economic condition of the offender and the principle of proportionality between the severity of the offense and the intensity of the sanction;
III - temporary suspension of activities involving the acts provided for in art. 11; or
IV - prohibition of carrying out activities that involve the acts provided for in art. 11.
Single paragraph. In the case of a foreign company, its branch, branch, office or establishment located in the country is jointly and severally liable for the payment of the fine referred to in the caput.
Subsection I
Keeping Connection Records
Art. 13°. When providing an internet connection, the respective autonomous system administrator is responsible for keeping connection records, confidentially, in a controlled and secure environment, for a period of 1 (one) year, in accordance with the regulations.
§ 1°. Responsibility for maintaining connection records cannot be transferred to third parties
§ 2°. The police or administrative authority or the Public Prosecutor's Office may request as a precautionary measure that connection records be kept for a period longer than that provided for in the caput
§ 3°. In the case of § 2, the requesting authority will have a period of 60 (sixty) days, counting from the request, to file a request for judicial authorization to access the records provided for in the caput.
§ 4°. The provider responsible for keeping the records must maintain secrecy in relation to the request provided for in § 2, which will lose its effectiveness if the request for judicial authorization is rejected or has not been filed within the period provided for in § 3.
§ 5°. In any case, the availability to the applicant of the records referred to in this article must be preceded by judicial authorization, as provided in Section IV of this Chapter
§ 6°. When applying sanctions for non-compliance with the provisions of this article, the nature and severity of the infraction, the resulting damage, any advantage received by the offender, the aggravating circumstances, the offender's background and recurrence will be considered.
Subsection II
Keeping Access Records to Internet Applications in Connection Provision
Art. 14°. When providing a connection, whether costly or free, it is prohibited to keep records of access to internet applications
Subsection III
Keeping Records of Access to Internet Applications in Application Provision
Art. 15°. The internet application provider constituted as a legal entity and carrying out this activity in an organized, professional and economic manner must maintain the respective records of access to internet applications, under secrecy, in a controlled and secure environment, for a period of time. of 6 (six) months, in accordance with the regulations
§ 1°. Court order may oblige, for a certain period of time, providers of internet applications that are not subject to the provisions of the caput to keep records of access to internet applications, as long as they are records relating to specific facts within a specified period
§ 2°. The police or administrative authority or the Public Prosecutor's Office may request as a precautionary measure from any internet application provider that records of access to internet applications be kept, including for a period longer than that set out in the caput, subject to the provisions of § 3. and § 4°. of art. 13°.
§ 3°. In any case, the availability to the applicant of the records referred to in this article must be preceded by judicial authorization, as provided in Section IV of this Chapter
§ 4°. When applying sanctions for non-compliance with the provisions of this article, the nature and severity of the infraction, the resulting damage, any advantage received by the offender, the aggravating circumstances, the offender's background and recurrence will be considered.
Art. 16°. When providing internet applications, whether costly or free, custody is prohibited.
I - records of access to other internet applications without the data subject having previously consented, respecting the provisions of art. 7th.
II - personal data that is excessive in relation to the purpose for which consent was given by its holder
Art. 17°. Except in the cases provided for in this Law, the option not to keep records of access to internet applications does not imply liability for damages arising from the use of these services by third parties
Section III
Liability for Damages Resulting from Content Generated by Third Parties
Art. 18°. The internet connection provider will not be held civilly liable for damages resulting from content generated by third parties
Art. 19°. In order to ensure freedom of expression and prevent censorship, the internet application provider may only be held civilly liable for damages resulting from content generated by third parties if, after a specific court order, it does not take measures to, within the scope and in the technical limits of your service and within the designated period, make the content identified as infringing unavailable, except for legal provisions to the contrary
§ 1°. The court order referred to in the caput must contain, under penalty of nullity, clear and specific identification of the content identified as infringing, which allows the unequivocal location of the material
§ 2°. The application of the provisions of this article to infringements of copyright or related rights depends on a specific legal provision, which must respect freedom of expression and other guarantees provided for in art. 5th. of the Federal Constitution
§ 3°. Cases dealing with compensation for damages resulting from content made available on the internet related to honor, reputation or personality rights, as well as the unavailability of such content by internet application providers, may be presented before special courts
§ 4°. The judge, including in the procedure provided for in § 3, may anticipate, in whole or in part, the effects of the protection sought in the initial request, if there is unequivocal proof of the fact and considering the interest of the community in making the content available on the internet, as long as there are the requirements of verisimilitude of the author's allegation and well-founded fear of irreparable damage or damage that is difficult to repair
Art. 20°. Whenever you have contact information for the user directly responsible for the content referred to in art. 19, it will be up to the internet application provider to communicate the reasons and information relating to the unavailability of content, with information that allows contradictory and full defense in court, unless expressly provided by law or expressly determined by a court to the contrary
Single paragraph. When requested by the user who made the content made unavailable available, the internet application provider that carries out this activity in an organized, professional and economic manner will replace the content made unavailable due to the reason or court order that gave rise to the unavailability
Art. 21°. The internet application provider that makes content generated by third parties available will be held subsidiarily liable for the violation of privacy resulting from the dissemination, without the authorization of its participants, of images, videos or other materials containing scenes of nudity or sexual acts of a private nature when , upon receipt of notification by the participant or his legal representative, fails to diligently promote, within the scope and technical limits of his service, the unavailability of such content
Single paragraph. The notification provided for in the caput must contain, under penalty of nullity, elements that allow the specific identification of the material identified as violating the participant's privacy and the verification of legitimacy for submitting the request
Section IV
From the Judicial Request for Records
Art. 22°. The interested party may, with the purpose of forming evidence in civil or criminal judicial proceedings, on an incidental or autonomous basis, request the judge to order the person responsible for custody to provide connection records or access records to internet applications
Single paragraph. Without prejudice to other legal requirements, the application must contain, under penalty of inadmissibility,
I - substantiated evidence of the occurrence of the illicit act
II - motivated justification of the usefulness of the records requested for the purposes of investigation or evidentiary instruction
III - period to which the records refer
Art. 23°. It is up to the judge to take the necessary measures to guarantee the confidentiality of the information received and to preserve the intimacy, private life, honor and image of the user, being able to determine judicial secrecy, including with regard to requests for record custody.
CHAPTER IV
THE PERFORMANCE OF PUBLIC AUTHORITY
Art. 24°. They constitute guidelines for the actions of the Union, the States, the Federal District and the Municipalities in the development of the internet in Brazil
I - establishment of multi-participatory, transparent, collaborative and democratic governance mechanisms, with the participation of the government, the business sector, civil society and the academic community
II - promoting the rationalization of management, expansion and use of the internet, with the participation of the Internet Steering Committee in Brazil;
III - promotion of rationalization and technological interoperability of electronic government services, between the different Powers and scopes of the Federation, to allow the exchange of information and the speed of procedures
IV - promotion of interoperability between different systems and terminals, including between different federative spheres and different sectors of society
V - preferential adoption of open and free technologies, standards and formats
VI - advertising and dissemination of public data and information, in an open and structured manner
VII - optimization of network infrastructure and encouragement of the implementation of data storage, management and dissemination centers in the country, promoting technical quality, innovation and dissemination of internet applications, without prejudice to openness, neutrality and participatory nature
VIII - development of actions and training programs for using the internet
IX - promotion of culture and citizenship
X - provision of public customer service services in an integrated, efficient, simplified manner and through multiple access channels, including remote ones
Art. 25°. Internet applications from public authorities must seek
I - compatibility of e-government services with various terminals, operating systems and applications for access
II - accessibility to all interested parties, regardless of their physical-motor, perceptual, sensory, intellectual, mental, cultural and social capabilities, safeguarding aspects of secrecy and administrative and legal restrictions
III - compatibility with both human reading and automated information processing
IV - ease of use of e-government services
V - strengthening social participation in public policies
Art. 26°. Compliance with the State's constitutional duty in providing education, at all levels of education, includes training, integrated with other educational practices, for the safe, conscious and responsible use of the internet as a tool for exercising citizenship, promoting culture and technological development
Art. 27°. Public initiatives to promote digital culture and promote the internet as a social tool must
I - promote digital inclusion
II - seek to reduce inequalities, especially between different regions of the country, in access to information and communication technologies and their use; It is
III - encourage the production and circulation of national content.
Art. 28°. The State must periodically formulate and promote studies, as well as set goals, strategies, plans and schedules, relating to the use and development of the internet in the country.
CHAPTER V
FINAL DISPOSITIONS
Art. 29°. The user will have the option of free choice in using a computer program on their terminal to exercise parental control over content they understand as inappropriate for their minor children, as long as the principles of this Law and Law no. 8,069, of July 13, 1990 - Child and Adolescent Statute
Single paragraph. It is up to the public authorities, together with internet connection and application providers and civil society, to promote education and provide information on the use of computer programs provided for in the caput, as well as to define good practices for inclusion digital for children and teenagers
Art. 30°. The defense of the interests and rights established in this Law may be exercised in court, individually or collectively, in accordance with the law
Art. 31°. Until the specific law provided for in § 2 comes into force. of art. 19, the responsibility of the internet application provider for damages resulting from content generated by third parties, when it involves infringement of copyright or related rights, will continue to be governed by the copyright legislation in force applicable on the date of entry into force of this Law
Art. 32°. This Law comes into force after 60 (sixty) days of its official publication
São Paulo, April 12, 2021.