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

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...