Brazil is ramping up pressure on major platforms to protect children online , fineing TikTok owner ByteDance 153.7 million reais, about $29.9 million. The case is significant because the regulator didn’t just look at minors who had accounts , but also looked at data from people who used the platform offline.
Brazil’s National Data Protection Authority has ruled that TikTok was processing information from children and adolescents without sufficient legal basis and without the required safeguards. The decision covers both logged-in users and visitors, opening a debate on whether simple browsing can involve the collection of data that requires increased protection.
See also: TikTok: $400 million settlement for violating children's privacy
The critical dimension of the case
The most interesting thing is that the Brazilian authority treats data collection as a separate issue. That is, it does not need to be proven that a minor created an account or that some age verification mechanism failed. Since the platform processes data during browsing, the question arises from the outset whether it has a legal basis for this process.
This approach could prove important for other markets as well. Platforms often design protections around the profile and account. This decision shifts the burden one step earlier: to the very moment a user logs into a service.
What's changing for TikTok
ByteDance is being asked to delete data obtained in violation of the rules and present a compliance plan to protect minors. The demands include stricter privacy settings for user accounts under 16, enhanced parental controls and stricter content filters.
The company has the right to appeal within ten days. It has not yet commented on the decision. It is also important to note that Brazil did not impose a ban on TikTok or require it to stop operating. The intervention specifically concerns data processing and security settings.
A broader campaign to protect minors
The decision is part of a broader tightening of Brazil's stance on digital platforms. The same authority has recently moved against Discord, calling for restrictions on its livestreaming functionality after the death of a 13-year-old girl. At the same time, the country has enacted rules that provide for increased parental involvement and age verification for users under 16.
Political pressure is also intense, as the government and the Supreme Court seek a stricter framework for the use of social media by minors. The debate is no longer just about the content children see, but also the data they generate without realizing it.
The European interest
The case is of particular interest to Europe. In July, the European Commission accused TikTok of failing to adequately protect children’s privacy under the Digital Services. The European case remains open, but the Brazilian case shows that a regulator can impose a significant penalty by focusing on the legal basis for data processing.
This is directly reminiscent of the logic of the GDPR, where the processing of personal data must be based on a specific legal basis. For platforms, the message is clear: the protection of minors is not limited to age filters and parental controls.
A global experiment with different rules
Australia, Canada, Indonesia, New Zealand and the UK are considering different solutions, from bans and time restrictions to age verification and linking to parental accounts. The lack of a single model creates a complex international environment for technology companies.
The next critical step is ByteDance's appeal. Its outcome will determine whether the fine will remain in place and, more importantly, whether Brazil's position on non-account user data will set a precedent for similar regulatory interventions elsewhere.
Why the decision could become a precedent
The crux of the controversy ultimately boils down to a simple question: How much data does a platform really need to offer a service to a minor or an anonymous visitor? If regulators start requiring stricter documentation from the first click, companies will have to rethink how they design tracking, personalization, and advertising. This could affect not just TikTok, but the entire social media business model.
See also: Ofcom opens investigation into child safety on TikTok
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