Law and Technology in Brazil: Trends, Challenges, and Opportunities for 2025
The landscape of law and technology in Brazil is evolving rapidly as technological advancements continue to drive significant changes in various sectors. As we approach 2025, key topics such as artificial intelligence (AI), data protection, and intellectual property (IP) are poised to take center stage, necessitating new regulations and deeper discussions within courts and regulatory bodies.
Technology
As of late 2024, Brazil witnessed pivotal developments in the realm of AI and digital platform liability. The Brazilian Senate approved a bill for an AI Act that establishes a regulatory framework for AI systems in the country. This legislation aims to define rules and rights that protect individuals affected by AI, such as the rights to information and human review. Additionally, it categorizes AI systems based on their associated risks. The civil liability for damages caused by AI technology will follow the Consumer Protection Code or the Civil Code, depending on the case.
The Brazilian Data Protection Authority (ANPD) is also actively engaging with society by conducting public consultations on data processing in AI models, indicating that discussions around data usage and privacy will intensify in 2025.
Furthermore, the Brazilian Supreme Court (STF) has begun reviewing the constitutionality of digital platform liability under the Internet Civil Framework. The outcomes of these discussions could significantly alter how platforms are held accountable for user-generated content.
Data Protection
The enforcement of Brazil’s General Data Protection Law (LGPD) remains a critical area of focus, as 2024 saw significant regulatory advancements. The ANPD introduced regulations concerning various aspects of the LGPD, including provisions for security incident reporting and international data transfers.
Internationally, the ANPD has strengthened collaborations with data protection authorities from other countries, promoting a unified approach to data protection among Portuguese-speaking nations. In 2025, the ANPD’s agenda will likely prioritize AI-related issues, particularly regarding legal bases for processing data and the rights of individuals concerning automated decisions.
Moreover, the regulation of anonymization and pseudonymization processes is expected to be a key focus, alongside establishing standards for processing sensitive data, especially related to biometric technologies.
Intellectual Property
As technology evolves, discussions surrounding intellectual property rights are becoming increasingly complex. The ongoing dialogue regarding the balance between protecting the rights of creators and fostering technological innovation is vital. In 2025, the ramifications of the approved AI Act will likely ignite debates about copyright holders’ rights concerning their works used in training AI systems.
The current provisions in the AI Act propose that those utilizing copyrighted content for AI development must negotiate compensation with the rights holders. This could lead to crucial negotiations that balance copyright protection with the need for innovation.
Additionally, the fight against digital piracy and unauthorized use of digital assets will necessitate enhanced monitoring and enforcement strategies in Brazil. As digital content continues to proliferate, the demand for robust IP protections will only increase.
Entertainment
The entertainment sector in Brazil is undergoing significant transformation driven by technological innovation and shifting consumer behaviors. The enactment of Law No. 14,790 to regulate fixed-odds betting has set the stage for a more structured betting industry in Brazil. Starting from January 1, 2025, only licensed companies will be permitted to conduct betting operations, leading to increased regulatory scrutiny.
As discussions about regulating casinos and gambling gain momentum, the implications for the entertainment industry will be profound. Additionally, the application of AI in music and content creation is expected to raise important questions about copyright and ethical standards.
In summary, Brazil stands at a crossroads where law and technology intersect, presenting both challenges and opportunities. The developments anticipated in 2025 will shape the legal landscape, influencing various sectors and enhancing the country’s position in the global technological arena.
