Provisional Measure Converts the ANPD into a Regulatory Agency

The National Data Protection Authority (Autoridade Nacional de Proteção de Dados – ANPD) is now the National Data Protection Agency, linked to the Ministry of Justice, endowed with functional, technical, decision-making, administrative, and financial autonomy – the same institutional status as other established regulatory agencies, such as ANEEL, ANATEL, and ANVISA.

This change results from the entry into force of Provisional Measure No. 1,317/2025, published on September 18, 2025, and forms part of a set of measures aimed at enabling the implementation of the Digital Child and Adolescent Statute (ECA Digital), established by Law No. 15,211 of September 17, 2025.

Key Aspects of the Change

➜ New regulatory status: the ANPD has been renamed the National Data Protection Agency, vested with functional, technical, decision-making, administrative, and financial autonomy. The ANPD’s official website has already been updated with the new designation.

➜ Institutional alignment: the ANPD now enjoys the same legal nature as regulatory agencies such as ANEEL, ANATEL, and ANVISA, conferring greater organizational stability and enhanced regulatory authority.

➜  Structural reinforcement: the creation of professional career tracks for data protection specialists and new positions to strengthen the Agency’s technical, operational, and supervisory capacity.

Context

➜ The transformation of the ANPD into a regulatory agency occurs in parallel with the establishment of the ECA Digital, a fundamental framework for the protection of children and adolescents in digital environments.

➜  With this change, the expectation is that the Agency will be better positioned to implement the provisions of the ECA Digital and to advance Brazil’s regulatory agenda on the protection of personal data.

Official Sources

Governo Federal estrutura ANPD para assumir competências do ECA Digital

Medida provisória transforma ANPD em agência reguladora