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The National Data Protection Authority (ANPD) of Brazil has imposed an exemplary sanction on ByteDance, the parent company of TikTok, after detecting serious irregularities in the handling of personal information of children and adolescents. The fine amounts to 153.7 million reais, equivalent to about 30 million dollars, marking a milestone in the digital regulation of the South American country.
The administrative process concluded that the platform infringed the General Data Protection Law (LGPD) by collecting information from minors without a valid legal basis. According to the agency, ByteDance improperly used the argument of “contract execution” to register underage users and failed to implement effective control mechanisms.
Corrective measures and new requirements
In addition to the financial impact, the ANPD has ordered the social network to implement a comprehensive compliance plan to transform its operations in Brazil. Among the most notable requirements are:
- More restrictive privacy settings for users under 16, which can only be modified with the consent of legal guardians.
- Much more rigorous content filters to protect the child audience.
- For unregistered access, content creation, live streaming, direct messaging, and advertising are prohibited, limiting data collection to the technical minimum necessary.
The company must strictly comply with the age verification requirements stipulated by the Digital Statute for Children and Adolescents, adjusting to the implementation schedule for reliable mechanisms required by the regulatory authority.
Digital protection context
This measure aligns with the Brazilian government’s offensive to regulate large technology platforms and combat childhood digital addiction. Protecting minors’ data involves safeguarding sensitive information such as names, photographs, location, and school records, elements that, if exposed, compromise the safety and dignity of young people.
In the case of the Dominican Republic, the current legal framework, led by Law 172-13 and the Code for the System of Protection and Fundamental Rights of Children and Adolescents, establishes that any entity, whether educational, commercial, or digital, has the responsibility to handle data involving minors with the utmost caution, always prioritizing their privacy and security in the digital environment.
ByteDance has been formally notified and has a period of ten business days to file any legal appeal against this decision.
