Major Update to Brazil's Telecom Regulation: Mandatory Certification for Data Centers and Joint Liability for E-commerce Platforms

On August 1, 2025, Brazil's National Telecommunications Agency (ANATEL) officially issued Resolution 780/2025, making significant revisions to the telecommunications product certification process in Resolution 715.

Key contents of these revisions and their corresponding effective dates:

1. Data Center Certification Requirements:

For the first time, data centers that are part of telecommunications networks are included in the mandatory conformity assessment and approval scope, requiring mandatory certification for data centers used in telecommunications networks.

Effective Date: August 1, 2025; full compliance must be achieved within three years of the issuance of the supplementary regulations.

2. Strengthening the Liability of E-commerce Platforms:

E-commerce intermediary platforms (such as Mercado Livre, Amazon, and Shopee) and other digital marketing platforms (even if they only provide advertising) are explicitly required to bear joint and several liability for unapproved or non-compliant telecommunications products sold on their platforms. Effective Date: December 4, 2025

3. Clarification and Expansion of Violations:

The scope of violations has been expanded to include advertising, quoting, storing, providing, and pricing of uncertified equipment. Thirteen violations are detailed and subject to sanctions, including the use, sale, import, or manufacture of unapproved or non-compliant products, as well as obstruction of inspections.

It is specifically clarified that "commercialization" encompasses not only buying and selling, but also a range of marketing activities, including warehousing, pricing, display, and advertising.

Effective Date: December 4, 2025

4. Restrictions on Refurbished Equipment:

The use of refurbished and used equipment is subject to stricter restrictions, allowing it only for use in specific government or public projects.

Effective Date: August 1, 2025

This revision significantly strengthens Anatel's oversight of the telecommunications products market, specifically clarifying platform responsibilities for online sales channels. It also expands the scope of oversight to critical digital infrastructure—data centers—reflecting Anatel's strong focus on cybersecurity, reliability, and sustainability. Therefore, relevant companies must promptly understand and comply with the new compliance requirements and proactively apply for and obtain Anatel certification to ensure their products and services meet regulatory standards and avoid market access restrictions or legal risks due to non-compliance.

Our BTL technical team is available to provide support, answer questions, and assist in assessing the potential impact of these changes on your operations and product certification in the Brazilian market. For more details, please contact BTL's Business/International Department.