Yes, using a VPN is legal in Brazil, but compliance with local telecommunications and cybersecurity laws is mandatory. The Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet, Law No. 12.965/2014) and the General Data Protection Law (LGPD, Law No. 13.709/2018) govern its use, requiring adherence to data retention and user identification obligations. Recent 2026 regulatory shifts under Anatel’s Resolution No. 740/2024 mandate VPN providers to register with telecommunications authorities and comply with data localization requirements for Brazilian users.
Key Regulations for Using a VPN in Brazil
- Registration and Oversight: VPN providers must register with the National Telecommunications Agency (Anatel) under Resolution No. 740/2024, ensuring transparency and accountability for infrastructure used in Brazil.
- Data Localization: VPN services must store user data within Brazilian territory, aligning with LGPD mandates to prevent cross-border transfers without explicit consent or legal basis.
- Prohibited Activities: VPNs cannot be used to circumvent copyright enforcement (Law No. 9.610/1998), engage in cybercrime (Law No. 14.155/2021), or mask illegal conduct under Brazil’s Penal Code (Decree-Law No. 2.848/1940).
Failure to comply risks fines up to 2% of annual revenue (LGPD) or criminal liability under telecommunications fraud statutes. Corporate VPNs must also adhere to sector-specific regulations, such as those imposed by the Central Bank (Circular No. 3.909/2018) for financial institutions.