Brazil: Learn More About The Brazilian Civil Rights Framework For The Internet (Law No. 12965 Of April 23, 2014)

Last Updated: 10 July 2014
Article by Tatiana Campello

Co-authored by: Esther Lins - Brazilian independent lawyer resident in the Netherlands

On April 23, 2014 Law n. 12965/2014, known as the Brazilian Civil Rights Framework for the Internet (in Portuguese: Marco Civil da Internet), was approved by the President of Brazil, Dilma Roussef. The law aims to establish principles, guarantees, rights and obligations concerning the use of the Internet in Brazil and also to provide guidelines for the Public Administration about the matter. The law will come into force by the end of June, 2014.

The Brazilian Civil Rights Framework for the Internet is the result of a couple of years of discussions about the regulation of Internet use in Brazil, which began in 2009. These discussions resulted in Bill 21,626 of 2011, which had some controversial aspects, such as the neutrality and storage of data and the liability of Internet providers for user-generated content.

Some fundamental principles are enshrined in this law, such as the freedom of speech, communication and thought, protection of privacy, protection of personal data, maintenance of the neutrality, stability, safety and functionality of the Web, assignment of liability to agents in accordance with their activities, and freedom of business models promoted through the Internet.

To users, the law assures the right to intimacy and private life, as well as indemnification for pain and suffering and pecuniary damages, secrecy of communication flows (except upon court orders for disclosure), non-suspension of Internet connection, except in the case of lack of payment, quality of the contracted Internet connection, clear and comprehensive information about the services, clear information about collection, protection of personal data, use and storage of such personal data, clarity of terms of use, and accessibility to all Internet users, regardless of their physical, motor, perceptual, sensory, intellectual and mental characteristics.

The aforementioned provisions ensure the confidentiality of data, which can only the broken upon a court order. Furthermore, Law 12965 ratifies that the laws concerning consumer protection also apply to consumer relationships established through the Internet.

In regard to the provision of Internet connections and applications, the law ensures the neutrality of the Web, which means that the agent responsible for the transmission, switching or routing of the Internet should treat any data package equally, without distinction as to content, origin and destination, service, terminal or application. The discussions on this aspect of the law were polemic mostly because in Brazil some Internet and mobile companies were offering different service plans to clients, limiting their access, for example, to email and social media only, something that the law now expressly forbids. Any distinction or degradation on the traffic of data shall be only possible by specific regulation approved by the President of the Republic and advice of the Internet Management Committee in cases of technical requirements deemed necessary and prioritizing emergency services.

As mentioned before, the storage of data and availability of connection and access to applications in the Internet, as well as the protection of personal data and private communications, must be preserved to protect the intimacy, private life, honor and image of any person directly or indirectly involved. Therefore, any data allowing user identification is absolutely confidential, except if otherwise ordered by a court.

In the provision of Internet connection, the administrator is required to keep records of all connections in a controlled and safe environment for a period of 1 year. On the other hand, it is forbidden to keep records of access to Internet applications when providing connection services.

For the provision of application services, the service provider is required to keep records of access to applications on the Internet under confidentiality, in a controlled and safety environment, for a period of 6 months.

As regards jurisdiction, this law clearly determines that in any operation of collection, storage and treatment of records, personal data or communication by Internet connection and application providers, the Brazilian law must be followed if any of these operations occur in Brazil. This rule applies even if the operation is conducted by a company or entity headquartered outside Brazil, as long as it offers services to the public in the country, or if at least one company of the same corporate group is headquartered in Brazil.

One of the most relevant matters addressed by the Internet Civil Rights Law is the liability of connection providers for damages arising from user-generated content. The regulation of liability in these cases is very important, considering that in Brazil Internet service providers are often found guilty of hosting content published by users, and such providers usually argued that there are no technical means to control all the content made available in a virtual environment.

The Internet Civil Rights Law determines that the Internet service provider will not be liable for hosting user-generated content, except if, upon a court order, such service provider does not take the appropriate measures to remove this content, within its scope and technical limitations.

Another important rule is that the provider of Internet applications that hosts user-generated content will be subsidiarily liable for the violation of intimacy by disclosing images, videos and other material containing nakedness, private sexual acts, etc. if, once notified by the person involved or his/her agent, it fails to remove such content, within its scope and technical limitations.

The last section of the law is dedicated to establishing the guidelines for the Public Administration to promote and develop the Internet in Brazil, regarding aspects such as technologies, public services, disclosure of public interest data and information, optimization of Web infrastructure, training for internet use, electronic government services, society's participation in public policies, digital inclusion and promotion of digital culture, among others.

This new law has established important rules on how the involved parties and the legal system will treat the different issues regarding the Internet, and hopefully will help both service providers and consumers become aware of their rights, obligations, responsibilities and liabilities arising from relationships in the virtual environment or from the contracting and use of Internet services.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions