ECA Digital: what's new, after all?

Estimated reading time: 3 minutes

Summary

For a long time, children have been targeted and considered an easy target in advertising. In 2010, my daughters, then a child and a pre-teen, were watching a particular afternoon television program, a game show, which involved participants calling a cell phone number to answer challenges, aiming to win a cash prize.

These challenges included questions that tested the participants' general knowledge skills, and in each round, the player could advance in the game and get closer to the final reward (any resemblance to loot boxes?). Well, they weren't successful in the scavenger hunt, but at the end of the month, my husband and I won the "prize": the phone bill arrived with a value 3,5 times higher than usual. When questioned, the children, frightened, justified that they "wanted to surprise their parents and contribute the prize money to their trip to Disney."

Why are products aimed at children – such as toys, candy packages, sweets, and chocolates – placed on the lower shelves in supermarkets and stores? Because it's a marketing strategy, and this is widely known. 

The problem is that these old practices, passively accepted by adults, have now entered the digital world, expanding their reach and predatory capacity without limit.

What is missing?

The Digital ECA, the name given to Law No. 15.211/2025 (despite its short publication), does not bring many novelties, but it consolidates the responsibilities and duties already contained in other equally important and recognized legislation as legal milestones, such as the Statute of Children and Adolescents (ECA) of 1990, the Civil Framework for the Internet of 2014, and the General Law on the Protection of Personal Data (LGPD) of 2018. 

The new law mandates that providers of technology products and services adopt measures such as age verification, parental supervision, and mechanisms to protect against harmful content and predatory practices, such as violence and sexual exploitation. But the biggest innovation of the Digital ECA (Statute of Children and Adolescents) truly lies in the concept of the likely access by minors to technological products and services that pose risks.

The priority protection of children and adolescents, the guarantee of having their best interests ensured, and adequate and proportionate measures for privacy and data protection are already enshrined in the laws cited here. We do not lack laws; what we lack are citizens educated about and interested in protecting minors: fathers, mothers, education and health professionals, and business owners.

Intention, greed, or vanity?

Over time, companies will find ways to meet legal requirements. Computational mechanisms, preventive technical measures, changes in digital services, and increased levels of protection will make the privacy by default of Article 46 of the LGPD tangible. Technology developers and users, both domestic and foreign, have no shortage of knowledge and creativity to implement preventative actions against risks to the privacy of children and adolescents. What will take a long time to see happen is a change in mindset among the users of these technologies themselves. 

Since influencer Felca published his sensationalist video, two things caught my attention: the speed with which public authorities took measures that could have already been taken, and the number of people saying that what he says "is an exaggeration, that's not really how it happens." How can that be? The film Sound of Freedom shows the extremes to which one can go. I see parents, especially the latter, creating social media pages to showcase the talents (read: physical beauty and photogenic qualities) of their sons and daughters. Mothers begging schools to publish photos of their children on their social media and websites ("why did they publish a photo of my daughter's friend and not her?"). But this yearning for visibility and tendency towards exposure is not accompanied by due attention to the risks it creates.

What really needs to change?

Companies, if you're worried about how you'll meet the demands placed on the digital supply chain in six months (the legal vacancy of the Digital ECA), hurry, March is just around the corner. But "adopting appropriate technical measures, including widely recognized security mechanisms," isn't the most complex part. This can be achieved through planning, innovation, investment in good partnerships, and strong alliances.

The great undertaking that our society faces is changing the beliefs, conduct, and behaviors that shape our worldview and influence our attitudes. The digital world offers fantastic possibilities when used carefully and with guidance by children and adolescents. One can learn about the world's past, present, and future trends without leaving home or school. But to commercially and digitally exploit and monetize the internet participation of developing beings and remain silent in the face of these situations is nothing short of cowardice.

Discover also why education and privacy need to go hand in hand. here.

About the Author

Meet the author of this article.

  • Certified EXIN DPO working in the educational field, specializing in Data Protection and Privacy, Process Management, BPM, ISO 27001 Information Security, ISO 9001 Quality Management, Postgraduate Professor in Digital Law. Specialist and postgraduate in Cybersecurity and Data Governance.

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