New ANATEL Rules: Marketplaces Liable, Data Centers Regulated, Refurb Equipment Restricted
On August 1, 2025, Brazil's telecom regulator ANATEL enacted Resolution 780/2025, introducing major updates to telecom product certification and conformity procedures. The changes will have far-reaching implications for marketplaces, importers, resellers, and data center operators in Brazil.
Key Regulatory Changes
- Marketplace Liability: Online platforms must verify that listed telecom products are certified and display a valid ANATEL code. If non-compliant products are listed or promoted, platforms may be held jointly liable with the seller. (Effective December 4, 2025)
- Expanded Scope of Violations: It is now a violation not only to sell, but also to advertise, import, offer, store, or promote uncertified telecom products. (Effective December 4, 2025)
- Restrictions on Refurbished Equipment: Reconditioned telecom products can only be certified if destined for public interest projects (e.g., digital inclusion or sustainability), and must pass technical and safety checks. (Effective August 1, 2025)
- Data Centers Now Regulated: Telecom-related data centers must comply with standards on cybersecurity, sustainability, operational continuity, and energy efficiency. Existing data centers will have 3 years to comply once the specific procedures are published. (Effective August 1, 2025)
What This Means for Stakeholders
These changes significantly expand the scope of regulatory enforcement and require renewed attention to compliance strategies across the supply chain. Stakeholders including:
- Marketplaces must enforce code verification and prevent non-homologated listings.
- Importers & sellers must ensure full compliance before placing products on the Brazilian market.
- Refurbishers will be limited to public policy-focused deployments.
- Data centers must prepare for future audits and upgrades tied to ANATEL technical standards.
