BR LGPD Art. 16 caput - independent access to risk and safety information
Provide child-safety and privacy information independently of product acquisition
Where this comes from
Provision: Art. 16 caput - independent access to risk and safety information
Instrument: ECA Digital (Lei nº 15.211/2025)
Citation: Lei nº 15.211/2025, Art. 16 caput - independent access to risk and safety information; Articles 1-3, 7 and 41; Lei nº 15.352/2026
Text version: Lei nº 15.211, de 17 de setembro de 2025, Articles 16-19 and 39; commencement amended by Lei nº 15.352/2026
Checked against the source: 6 September 2026
Who it applies to
It applies when all of these are true:
- Brazil ECA Digital assessed fact Q_BR_ECA_CHILD_ACCESS: YES
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Assess the information-technology product/service directed to or likely accessed by children or adolescents in Brazil under Article 16. Existing parental tools, purchases, accounts or personal-data processing are not prerequisites to this information duty.
- Make information about risks and the safety measures adopted for this audience available to parents, legal guardians, children and adolescents independently of acquiring the product. Include privacy and personal-data protection, consistently with LGPD Article 14; verify access before a purchase or product acquisition.
- Keep the risk/safety information distinct from the controller's separate Article 16 sole-paragraph duties when child/adolescent data is processed. Article 16 is not listed in Article 39: an editorial/licensed-content label or completed Article 39 dispensation assessment cannot suppress this record.
- Use synthetic or sanitized assessment cases and minimized configuration, access, control and review evidence. Exclude real child identities, conversations, images, recordings, precise locations and raw personal-data reports from ordinary task attachments, exports and general logs. Keep any legally necessary sensitive operational material in a separately authorized, purpose-limited process with assessed access and retention. This is an engineering evidence-minimization safeguard, not a prescribed fixed log schema or retention period.
- Verify current ANPD implementing requirements and qualified Portuguese source review. Lei 15.211/2025 commenced on 17 March 2026 following Lei 15.352/2026; do not infer all historical legal outcomes or full ECA Digital compliance from this record.
Evidence an auditor expects
- Assessment documentDocument review
Provide child-safety and privacy information independently of product acquisition — scoped assessment and minimized evidence
Assess the information-technology product/service directed to or likely accessed by children or adolescents in Brazil under Article 16. Existing parental tools, purchases, accounts or personal-data processing are not prerequisites to this information duty. Make information about risks and the safety measures adopted for this audience available to parents, legal guardians, children and adolescents independently of acquiring the product. Include privacy and personal-data protection, consistently with LGPD Article 14; verify access before a purchase or product acquisition. Keep the risk/safety information distinct from the controller's separate Article 16 sole-paragraph duties when child/adolescent data is processed. Article 16 is not listed in Article 39: an editorial/licensed-content label or completed Article 39 dispensation assessment cannot suppress this record. Use synthetic or sanitized assessment cases and minimized configuration, access, control and review evidence. Exclude real child identities, conversations, images, recordings, precise locations and raw personal-data reports from ordinary task attachments, exports and general logs. Keep any legally necessary sensitive operational material in a separately authorized, purpose-limited process with assessed access and retention. This is an engineering evidence-minimization safeguard, not a prescribed fixed log schema or retention period. Verify current ANPD implementing requirements and qualified Portuguese source review. Lei 15.211/2025 commenced on 17 March 2026 following Lei 15.352/2026; do not infer all historical legal outcomes or full ECA Digital compliance from this record.
Questions people ask
- Does BR LGPD Art. 16 caput - independent access to risk and safety information apply to my service?
- It applies when Brazil ECA Digital assessed fact Q_BR_ECA_CHILD_ACCESS: YES.
- From when does this apply?
- BR LGPD Art. 16 caput - independent access to risk and safety information applies from 17 March 2026. Its current status is: in force.
- What evidence does an auditor expect?
- Provide child-safety and privacy information independently of product acquisition — scoped assessment and minimized evidence.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.