Law / Brazil

Marco Civil da Internet, Protection of Records and Personal Data

Lei nº 12.965/2014 (Marco Civil da Internet), arts. 7º, 10, e 12

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 23 June 2014.

A personal data rule binding private bodies.

As of 5 September 2026.

What it requires

  • Preserve the intimacy, private life, honor, and image of the parties involved when retaining or disclosing connection records, application-access records, personal data, or the content of private communications.
  • Disclose a connection or application-access record associated with personal data or other identifying information only under a judicial order.

If you get it wrong

Criminal exposureNo

Private right of actionNo

Penalty structure

Article 12, II states a fine of up to 10% of the economic group's revenue in Brazil in its last fiscal year, excluding taxes, for a violation of articles 10 or 11, with no separate fixed cap stated; a foreign company's Brazilian branch, subsidiary, office, or establishment answers jointly and severally for the fine.

Rule
Turnover pct only
As of
5 September 2026
Currency
BRL
Turnover percentage cap
10

What it reaches

Obligation class

Security, Disclosure

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Article 7 assures an internet user rights including inviolability of intimacy and private life, secrecy of the flow of their internet communications except by judicial order, and secrecy of their stored private communications except by judicial order.

Article 10 requires that the retention and disclosure of connection and internet-application-access records, personal data, and the content of private communications observe the intimacy, private life, honor, and image of the parties involved, and article 10, § 1º limits disclosure of records associated with personal data or other identifying information to a judicial order.

Article 12 authorizes a warning, a fine of up to 10% of the economic group's revenue in Brazil in its last fiscal year, excluded taxes, temporary suspension, or prohibition of activity for violations of articles 10 and 11, which extend Brazilian law and these privacy, personal-data, and communications-secrecy rights to any collection, storage, custody, or processing of records, personal data, or communications where at least one such act occurs in Brazilian territory, including where performed by a foreign company that offers a service to the Brazilian public.

These duties bind an internet application provider regardless of how it collected the records, personal data, or communications, including by scraping, so long as at least one act of collection, storage, custody, or processing occurs in Brazilian territory.

When LexLint raises it

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Read the law

Official compiled text of Lei nº 12.965/2014, Presidência da República

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