As the EU debates the KIDS Act, Brazil is already enforcing one

On 17 Sept., the European Commission unveiled the EU KIDS Act, its proposal to set EU-wide age rules and safety-by-design duties for the services children use most. 

That same day, platforms with more than a million registered users under age 18 in Brazil were filing their first mandatory semi-annual transparency reports under the Digital Statute of Children and Adolescents, which turned exactly one year old that day.

The coincidence of dates is accidental. The gap in maturity is not. 

Brazil's Law 15.211/2025, known as the Digital ECA, was signed 17 Sept. 2025, took effect 17 March 2026, was regulated by Decree 12.880/2026 the following day, and has since been shaped by a regulator, a supreme court and a judicial council. 

As Europe is starting its ordinary legislative procedure, Brazil is already litigating the questions Europe is about to raise.

The same instincts, 2 different levers

Both texts reverse the burden of proof, ban addictive design by name, prohibit self-declared age, cover artificial intelligence chatbots and threaten revenue-based fines — 6% of global turnover in the EU proposal, and in Brazil up to 10% of the group's Brazilian revenue, capped at BRL50 million per infraction — with suspension reserved to the courts.

Where they diverge is the lever on access. Per its Q&A, the Commission chose an age staircase: no account under 13, a guardian-controlled account at 13 and 14 with a daily cap of one-hour, independent accounts from age 15, and a duty to recheck existing users within six months.