backNewsletter (#008/2025) on Law and Technology by Campos Thomaz Advogados
Produced by Alan Campos Thomaz and João Marcelo Oliveira
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Digital Platforms and Online Services
Senate approves Digital Statute for Children and Adolescents to protect minors in online environments
The Senate approved Bill 2,628/2022, which creates the Digital Statute for Children and Adolescents and sets rules to protect minors in digital environments. The proposal requires providers to immediately remove content involving child abuse or exploitation and notify authorities; mandates age verification (self-declaration is prohibited) and parental-control tools with maximum protection by default—such as blocking contact with unauthorized adults, limiting features that encourage excessive use, and restricting geolocation. Platforms with more than 1 million underage users must publish semiannual reports on moderation and risk. The text also bans targeted advertising to children and teenagers and the use of emotion analysis or AR/VR for that purpose, and restores a prohibition on “loot boxes” for minors. Learn more.
Government regulates TV 3.0 through Decree No. 12.595/2025
On August 27, 2025, brazilian President signed Decree No. 12,595/2025, which regulates TV 3.0 — also referred to as DTV+ — setting the new standard for open and free-to-air television in Brazil. The technology adopts the ATSC 3.0 standard, enabling ultra-high-definition imagery (4K and 8K), immersive audio, interactivity, and internet integration, as well as features such as accessibility, emergency alerts, and digital public services. Learn more.
xAI sues Apple and OpenAI over anticompetitive AI practices and App Store rankings
On August 25, 2025, Elon Musk’s artificial intelligence startup xAI filed a lawsuit against Apple and OpenAI before the U.S. federal court in Texas. The company alleges that the defendants acted jointly to maintain monopolies in the artificial intelligence and mobile app markets, particularly following the integration of ChatGPT into Apple devices. According to xAI, this arrangement reduced the visibility of its chatbot Grok in App Store rankings, thereby harming competition. Learn more.
Folha de São Paulo files lawsuit against OpenAI for unauthorized use of its journalism in ChatGPT training
On August 20, 2025, the newspaper Folha de S.Paulo filed a lawsuit in São Paulo against OpenAI, alleging unfair competition and copyright infringement due to the use of its articles — including paywalled content — in training ChatGPT models without authorization or compensation. The complaint requests immediate cessation of the practice, compensation for damages, and destruction of any AI models built using the newspaper’s content. Learn more.
MCTI establishes Integrated Committee for Digital Governance, Information Security and Data Governance (CGSD)
On August 22, 2025, the Ministry of Science, Technology and Innovation (MCTI) established, through Ordinance No. 9,325, the Integrated Committee for Digital Governance, Information Security and Data Governance (CGSD). The new body will centralize strategic coordination of initiatives related to digital transformation, information technology, data opening and management, as well as cybersecurity within the ministry. Learn more.
CADE deepens probe into Google’s conduct and issues call for contributions
On August 28, 2025, Brazil’s Administrative Council for Economic Defense (CADE) decided to expand its investigation into alleged abuse of dominant position by Google in the online search and news markets. The inquiry, initiated in 2019, examines claims that Google Search and Google News improperly use journalistic content, reducing publishers’ organic traffic and undermining their financial sustainability. Learn more.
STJ establishes criteria for the validity of foreign forum selection clauses in adhesion contracts
On July 31, 2025, the Fourth Panel of Brazil’s Superior Court of Justice (STJ) unanimously ruled that foreign forum selection clauses in digital adhesion contracts may be deemed null and void when they restrict Brazilian consumers’ access to justice. The decision was rendered in REsp 2.210.341/CE, upholding the Ceará Court of Appeals’ ruling that invalidated a clause establishing Gibraltar as the exclusive forum. Learn more.
Santa Catarina court upholds Ecad’s authority to charge for public performance of AI-generated music
The court in Santa Catarina has upheld, on an interim basis, the Ecad’s authority to charge for the public performance of music created with artificial intelligence. The dispute centers on the Spitz Park Aventuras theme park, which says it plays only tracks generated by the Suno platform. Judges concluded Ecad does not need to identify each work or its author before collecting fees, and that the absence of a human author does not, by itself, eliminate copyright. A technical report found a meaningful similarity between a Suno track and a protected work, signaling that deeper expert analysis is needed. The ruling is provisional, does not set nationwide precedent, and similar cases may reach different outcomes. Learn more.
M&A, Investments, and Venture Capital
Our website offers essential materials for those who want to better understand M&A, Investments, and Venture Capital. Subscribe to our newsletter to stay up to date with the latest insights and analyses. Learn more.
Labor
Brazilian Supreme Court excludes digital platforms from nationwide suspension on “pejotização” cases
Minister Gilmar Mendes clarified that the Supreme Federal Court’s (STF) review of the validity of “pejotização” (the practice of hiring workers as legal entities), in ARE 1,532,603, does not encompass employment relationships mediated by digital platforms, such as those of drivers and delivery workers. According to His Excellency, these arrangements present particularities that require separate examination under Theme 1,291 of the general repercussion docket, under the rapporteurship of Minister Edson Fachin; therefore, the previously ordered nationwide suspension does not apply to such cases. Learn more.
FinTechs, Banks, Financial Services, and Virtual Assets
Brazil’s Federal Revenue aligns fintechs with banks in anti–money laundering rules
The Federal Revenue Service has aligned fintechs with financial institutions regarding the obligation to provide information aimed at curbing crimes such as money laundering. The normative instruction, published in the Official Gazette on August 29, 2025, was announced after three major operations against organized crime that uncovered a scheme that allegedly moved about BRL 140 billion illegally, with more than 400 court orders executed in at least eight states. The rule requires payment institutions and participants in payment arrangements to follow the same ancillary obligations of the National Financial System and the Brazilian Payments System related to the e-Financeira, a report that consolidates high-value transactions, and it mandates reporting indications of criminal activity to the authorities. Learn more.
Artificial Intelligence
Meta under scrutiny for creating flirty chatbots misusing celebrities’ likenesses
Meta allowed and, in some cases, created flirty chatbots that used the names and likenesses of celebrities—including Taylor Swift, Scarlett Johansson, Anne Hathaway, and Selena Gomez—without permission, according to a Reuters investigation. Some bots, including ones made by a Meta employee, posed as the real stars, flirted with users, suggested meet-ups, and even generated photorealistic, sexually suggestive images of adult celebrities; a child star’s bot produced an inappropriate shirtless image. Meta acknowledged such content violates its policies, said the incidents reflected enforcement failures, and removed about a dozen bots ahead of publication. Learn more.
Privacy and Data Protection
In our Privacy and Data Protection Newsletter #008/2025, we highlight the federal government’s proposal to establish the new Data Governance and Sharing Policy, the enactment of the National Cybersecurity Strategy (E-Ciber), the decision of the Rio de Janeiro City Hall to relocate more than 400 private surveillance cameras installed in public areas, the leak of 47 million Pix keys in the Sisbajud system, and the new regulation on the collection of biometric data in payroll-deductible loan operations. Learn more.
HealthTechs
Novo Nordisk pauses hiring amid loss of leadership in obesity drug market
Novo Nordisk, the Danish pharmaceutical company behind Ozempic and Wegovy, is pausing hiring in what it considers non essential areas, according to Reuters. The move signals a more cautious stance after a period of rapid growth driven by its obesity treatments, which have attracted global attention. Learn more.
Sports Betting, E-Sports, and Gambling
Our website offers essential materials for anyone looking to better understand bets, e-sports, and sports betting. Subscribe to our newsletter to stay updated with the latest news and analysis. Learn more.
Our website offers essential materials for those seeking to better understand Brazil’s tax regimes, especially for technology companies. Subscribe to our newsletter to stay informed about the latest updates and analyses. Learn More.
Intellectual Property
Our website offers essential materials for those looking to better understand how Brazilian law addresses the topic of Intellectual Property. Subscribe to our newsletter to stay updated with the latest developments and analyses. Learn more.
Media, Entertainment, and Digital Influencers
Follow current issues concerning the role of digital influencers in the market, including their participation in sectors like betting and the market regulated by B3. Understand the challenges and regulations surrounding this growing and impactful activity. Additionally, learn more about post-mortem image rights, an increasingly relevant subject in the legal and technological landscape. Learn More.
AgriTech
Our newsletter features an AgriTech Special covering key topics transforming agribusiness. Discover how agribusiness technologies impact civil liability, explore innovative financial products for the sector, and follow issues related to data and privacy, intellectual property, and the importance of ESG Finance in the context of AgTechs. The content also addresses the relevance of cultivars, M&A processes, investments, and venture capital in Brazilian agribusiness and corporate challenges in this segment. Learn More.
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