Anatel Resolution No. 780/2025: joint and several liability of marketplaces in the commercialization of telecommunications products
By Bernadete de Figueiredo Dias, André Lins and Nylton Scicchitano.
On August 4, 2025, Anatel issued Resolution No. 780/2025 (“Resolution”), amending the Regulation on Conformity Assessment and Approval of Telecommunications Products (Resolution No. 715/2019). The new wording represents a significant change in the liability regime applicable to the commercialization of telecommunications equipment in Brazil, particularly by establishing the joint and several liability of marketplaces for the sale of non-certified products.
Regulatory background
Certification of telecommunications equipment is a mandatory requirement for its commercialization and use in Brazil. Until now, this obligation rested mainly with manufacturers, importers, and sellers. Resolution No. 780, however, extends this responsibility to include digital platforms as parties directly accountable for compliance with Anatel’s rules.
Joint and several liability of marketplaces
Marketplaces and other digital platforms involved in the commercialization process, even when engaged solely in advertising or promotional activities, are now jointly and severally liable with the seller for the offering of products.
This liability includes, among others:
- Displaying the certification code in advertisements.
- Verifying the validity and accuracy of the certification code provided.
Thus, even platforms that operate merely as “showcases” or intermediaries are considered co-liable for violations and may be subject to Anatel’s sanctions, which include warnings, fines, and even suspension of activities.
Administrative violations
In the context of offering irregular products online, the following violations may give rise to the joint liability of digital platforms involved in commercialization:
- Sale of non-certified products.
- Use of an Anatel seal belonging to another device on a non-certified product.
- Sale of certified products without the corresponding Anatel seal of identification.
- Failure to disclose the certification code in online advertisements for certified products.
- Sale of products in conditions different from those established in the applicable technical requirements.
- Disclosure of invalid certification codes or codes associated with other devices in advertisements for non-certified products.
Deadlines and entry into force
The Resolution entered into force on August 4, 2025, the date of its publication. However, the rules on joint and several liability of marketplaces will only take effect on December 4, 2025, granting platforms a transition period to adapt.
Practical impacts and recommendations for marketplaces
Given the new regulatory scenario, it is advisable for marketplaces to implement internal compliance mechanisms, including:
- Reviewing terms of use and contracts with sellers.
- Establishing processes to ensure product certification.
- Implementing technical controls to validate certification codes before publishing advertisements.
Final remarks
Resolution No. 780/2025 represents an important regulatory update by recognizing that marketplaces are not merely intermediaries, but active players in the telecommunications ecosystem. The imposition of joint and several liability expands the duty of care of these platforms and signals increased regulatory scrutiny in the digital sector.
Our Consumer Law team will continue to closely monitor this topic. While recent regulatory and judicial trends, including rulings by the Federal Supreme Court, have generally expanded the liability of platforms, there remain relevant legal debates concerning Anatel’s authority to impose such rules. The constitutionality of the Resolution is therefore expected to become the subject of a judicial review.
Our Consumer Law team is available to assist you with this matter and to provide any necessary clarifications to your company.
This bulletin is for information purposes only and should not be relied upon to obtain legal advice on any of the topics dealt with here. For additional information, please contact the leaders of the Consumer Law team. CGM Advogados. All rights reserved.