Alerts
- 20 August 2025
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Public Consultation on the National Data Center Policy
On August 15, 2025, the Ministry of Communications launched a public consultation on the National Data Center Policy, within the framework of the Connectivity and Infrastructure Axis. The initiative seeks to gather input from society at large for the formulation of guidelines that will shape the development, regulation, and governance of data centers in Brazil, recognized as critical infrastructure for the digital economy and for the Country’s sovereignty.
The consultation addresses central issues such as quality standards, siting criteria, sustainability, security, professional training, connectivity, and coordination with other relevant public policies, including the National Artificial Intelligence Strategy, the National Cybersecurity Policy, and the Digital Government Strategy. The proposed guidelines are comprehensive and applicable to different data center profiles — ranging from corporate structures designed for internal data and applications (Enterprise), through infrastructure-sharing models (Colocation), large-scale facilities for cloud computing (Hyperscale), to smaller, decentralized units located closer to end users (Edge).
For the legal and regulatory sector, the consultation holds particular relevance, as it opens space for contributions on matters that directly impact legal compliance and the structuring of future regulatory frameworks. Key points of interest include data protection, the definition of security and resilience parameters, environmental requirements, potential incentives, and the adoption of governance standards capable of ensuring regulatory predictability and legal certainty for investments.
Contributions may be submitted until September 29, 2025, through the Participa + Brasil platform. In addition to the specific questions raised by the Ministry, stakeholders are also free to submit general comments, which allows for the suggestion of additional measures deemed pertinent. It is recommended that submissions be accompanied by solid reasoning, supported by national and international experiences, and that they propose practical solutions for regulatory and institutional improvement.
This initiative underscores the recognition of the strategic importance of communications and digital infrastructure in the contemporary context — not only as technological support, but also as an essential element for data sovereignty, technological innovation, and the Country’s digital transformation. In this regard, participation in the consultation represents an opportunity for qualified engagement with public authorities and for strategic positioning in light of a regulatory framework under development.
The subject matter is being closely monitored through the multidisciplinary expertise of Lefosse’s Public Law, Regulation, and Data Centers team. For clarifications on any specific points of interest regarding this consultation, as well as on related matters, please feel free to contact our professionals.
