Decree No. 12.975/2026 is the second regulatory instrument that reshaped platform accountability in Brazil in 2026. Unlike Decree No. 12.880/2026 — focused on protecting children and adolescents — this decree regulates the Brazilian Internet Framework (Marco Civil) and reaches every internet application provider, regardless of audience.
How it differs from Decree No. 12.880/2026
Decree No. 12.880/2026 regulates ECA Digital and focuses on child protection in the digital environment. Decree No. 12.975/2026 regulates provisions of Marco Civil and addresses the legal presence of platforms in general. The two decrees coexist and create parallel obligations — a platform reached by ECA Digital is normally also reached by Decree No. 12.975/2026.
In practice, this articulation consolidated the legal representative as a structural obligation for any foreign platform operating in Brazil, no longer a requirement restricted to specific segments.
Legal-entity requirement
The decree reinforces that the legal representative must be constituted as a legal entity based in Brazil, with powers to respond to legal obligations, receive subpoenas, and represent the company before administrative and judicial authorities.
A natural-person attorney, a local employee without formal powers, or a consultancy without proper legal constitution do not meet the requirement. Choosing a partner must factor in legal robustness and operational responsiveness.
Broader scope
While ECA Digital focuses on platforms whose content or service reaches children and adolescents, Decree No. 12.975/2026 reaches every application provider — including B2B platforms, SaaS tools, cloud services, adult marketplaces, and general digital products.
The practical implication is direct: virtually any foreign platform accessed in Brazil must formalize its presence — learn about our headquarters-in-Brazil service without your own CNPJ.
What the company must do
Compliance with Decree No. 12.975/2026 requires three initial moves: identify whether the platform is within scope (in practice, it almost always is), formally designate a legal-entity representative in Brazil, and communicate that designation through the appropriate channels. From there, the representative receives and processes notices and judicial orders within regulatory deadlines.
Companies ignoring this regulatory layer face heightened risk: on top of ECA Digital penalties, specific Marco Civil sanctions apply, including the possibility of service suspension in the country.