Brazil’s TikTok fine sends signal to other platforms - Valor International

The R$153.7 million fine imposed on TikTok by Brazil’s National Data Protection Authority (ANPD) took into account, among other factors, the company’s revenue in Brazil, said Fabrício Guimarães Madruga Lopes, the agency’s superintendent of enforcement. ByteDance, the social media platform’s parent company, was penalized Tuesday (25) for violations involving the processing of minors’ personal data.

According to the superintendent, the amount of the fine also reflected the scope of the violations, the number of people affected and the greater vulnerability of children and teenagers. He described the decision as “a powerful signal” to other platforms about the seriousness of ANPD enforcement.

Lopes said the agency is investigating other companies and platforms under Brazil’s General Data Protection Law (LGPD), the Digital Child and Adolescent Statute, and the Civil Rights Framework for the Internet. Targets include Claro, Serasa, Discord, and providers of pornographic content. According to him, those investigations have been underway for at least 18 months.

In addition to the fine, ANPD ordered TikTok to delete data collected unlawfully and implement a compliance plan to strengthen protections for children and teenagers. The case against the platform began in November 2024.

According to ANPD Chairman Waldemar Gonçalves Ortunho Junior, the decision followed an “extensive” process during which the company was given opportunities to bring its practices into compliance. The agency’s action had two fronts: holding the company accountable for violations already committed and ensuring future compliance through the plan.

The agency also reviewed an appeal related to the plan and partially granted the company’s request. “For practically six years, ANPD’s work has been guided by a highly technical approach based on the law,” he told reporters.

ANPD board member Lorena Giuberti Coutinho said the agency’s action went beyond imposing a fine and resulted in “significant improvements” to the platform’s practices. Among the commitments made by the company is a ban on ads on minors’ accounts, including in interactions through live streams. “ANPD’s work does not end with this compliance plan; the plan itself will be subject to oversight,” she said.

The plan also requires TikTok to automatically apply stricter privacy settings to accounts belonging to users under 16, which may only be changed with parental or guardian authorization. The company must strengthen parental supervision tools and adopt stricter content filters.

According to Coutinho, the assessment of the age-verification measures outlined in the plan will take into account ANPD’s age-assurance guidelines, which are currently being prepared and are expected to be published by the end of this year. That assessment will take place at a later stage.

The investigation identified violations of the LGPD in two ways of accessing TikTok: the “logged-out feed,” available without creating an account, and the “logged-in feed,” linked to a social media profile.

In the logged-out feed, ANPD found that TikTok processed children’s and teenagers’ personal data without a valid legal basis by allowing them to access the feed, as well as failing to take measures to prevent the processing of this group’s personal data. In the logged-in feed, the agency found irregularities in the processing of data to create accounts for children and teenagers and failures to prevent members of this group from registering.

In both cases, the agency said TikTok also failed to demonstrate that it had adopted effective measures to ensure compliance with data protection rules.

For the logged-out version, the platform must suspend advertising, restrict access to content suitable for all ages, and reduce the processing of personal data.

ByteDance may appeal the penalty to ANPD’s board within 10 business days of being notified of the sanction, which occurred Monday (24). TikTok did not immediately reply to Valor’s request for comment.

Regarding Discord, ANPD said it has an ongoing enforcement proceeding. The agency suspended the platform’s live streams in Brazil as a precautionary measure until the company demonstrates that it has adopted safeguards to protect children and teenagers. The measure followed the suicide of a 13-year-old child who participated in a live stream on the platform on July 22. Live streams were suspended on the platform on August 17.

This article was translated from Valor Econômico using an artificial intelligence tool under the supervision of the Valor International editorial team to ensure accuracy, clarity, and adherence to our editorial standards. Read our Editorial Principles.