On September 23, 2026, Joint Ordinance SENACON/SEDIGI/SPDIGI No. 31 (“Ordinance”) was published, establishing transparency obligations for digital advertising and creating public repositories of paid advertisements and boosted content by internet application providers with more than one million monthly active users in Brazil.[1]
Issued by the National Consumer Secretariat (“SENACON”), the National Secretariat for Digital Rights (“SEDIGI”), and the Secretariat for Digital Policies (“SPDIGI”), the regulation aims to increase transparency in digital advertising and strengthen enforcement mechanisms against deceptive, abusive, or fraudulent practices. In addition to repositories, the Ordinance establishes data retention duties, material relationship disclosure requirements, and obligations to respond to regulatory information requests.
Scope of New Obligations
The Ordinance covers (i) internet application providers that intermediate third-party content and offer advertising or paid boosting services targeting the Brazilian market, including those headquartered abroad; and (ii) advertising content providers.
Exempted from this regime are marketplaces, editorially controlled services, and providers of copyright-protected content licensed by an economic agent other than the end user.
Main New Obligations
Ad Repository
Providers subject to the obligation must make available, free of charge, a public repository that is searchable and in an open format, containing at minimum:
- the content of the advertisement or boosted material;
- the product, service, or brand promoted;
- identification of the contracting party through a unique anonymized identifier;
- display period and estimated reach;
- the destination URL and other identifiers associated with the content;
- URLs or unique identifiers linked to the ad or boosted content allowing unambiguous location of the material during its display; and
- date, nature, and grounds for any suspension, removal, or deactivation.
Information must remain available and searchable for at least one year after the end of display, including for suspended, removed, or deactivated materials.
Internal Data Retention
Providers offering advertising or boosting tools must require, as a condition for contracting, and securely store for at least one year: identification of the contracting party (CPF/CNPJ), targeting criteria, payment information, and data on user reports, court orders, and actions taken.
Disclosure of Material Relationships
Content providers, such as influencers, must clearly and prominently disclose the existence of a material relationship associated with the content, including relationships arising from payment, provision of products or services, revenue sharing, or other forms of compensation.
The disclosure must accompany the content while available, including in live broadcasts. If the material relationship is not limited to specific content, the information must also appear on the content provider’s page or profile.
Platforms must provide tools for this identification. The provider is not liable for the content provider’s omission or the accuracy of declared information. However, for financial services advertisements, there are specific verification obligations regarding the identity of the contracting party, the validity of any required registration, authorization, accreditation, or licence for the financial product or service with the competent regulator, and the contracting party’s authority to represent the relevant entity, with revalidation every twelve months.
Oversight and Access to Information
SENACON may request data on advertisements, boosted content, or identified or identifiable contracting parties. Providers must maintain an electronic channel to receive regulatory requests and transmit responses in a structured, machine-readable format.
Effective Dates
The Ordinance enters into force:
- ninety days for obligations related to technical tools allowing content providers to disclose material relationships (Article 3); and
- thirty days for all other provisions.
Practical Impacts
Implementation will require significant adjustments by covered providers, including: development of recordkeeping, search and retrieval systems; creation of specific procedures for boosting and advertising; implementation of electronic channels for regulatory requests and responses; and, for financial product advertisements, verification processes with annual revalidation.
For advertisers, agencies, and influencers, the changes require organization of campaign information and clear identification of material relationships underlying disclosure, with responsibility for the accuracy and completeness of information.
Final Remarks
The Ordinance establishes transparency and oversight mechanisms for digital advertising, combining public access to information, record retention, and protection of personal data and trade secrets, with distinct obligations depending on each participant’s role in the advertising chain.
The Tech and Innovation team remains available to answer questions about the impacts of the new rules.
[1] Joint Ordinance SENACON/SEDIGI/SPDIGI No. 3, of September 22, 2026. Available at: https://www.gov.br/mj/pt-br/assuntos/noticias-1/novas-regras-para-publicidade-digital-visam-conter-fraudes-e-golpes/sei_37080960_portaria_conjunta_31.pdf/view