Anatel will fine and block websites selling pirated cell phones in Brazil

Anatel will fine and block websites selling pirated cell phones in Brazil


The National Telecommunications Agency (Anatel) has announced new precautionary measures to prevent the sale of illegal mobile phones, including millionaire fines

A National Telecommunications Agency (Anatel) defined, this Friday (21st), new rules and sanctions in relation to the illegal sale of mobile phones in the country. In a press conference, the body informed that, from now on, companies that do not comply with the guidelines may receive daily fines – above R$ 50 million -, with the risk of going offline. Amazon AND Free market they are the markets most at risk.



The order number of the decision 5.657/2024 came into effect today due to the large volume of pirated cell phones for sale in Brazil and the difficulty of negotiating with e-commerce platforms. Now, online stores must inform and confirm Anatel approval details in product advertising to become “compliant businesses”.

The agency wants to bring all companies into compliance through precautionary measures, with daily fines. E-commerce platforms will have 15 days, starting today, to adapt to the new rules. If this does not happen, the measures start to take effect from the 15th day, as follows:

Period precautionary measures
From the 15th day without respecting the rules Daily fine of R$200 thousand
After 11 days in which we did not respect the rules Daily fine of R$ 1 million + removal of advertising from all mobile phones, even if approved
After 21 days in which we did not respect the rules Daily fine of R$6 million + withdrawal of all advertisements for Wi-Fi, Bluetooth, 2G, 3G, 4G and 5G equipment, even if approved
After 25 days in which we did not respect the rules Measures to take the website offline

Anatel’s new rules aim to increase effectiveness in combating the sale of electronic devices not approved by the agency. Second Carlo Baigorripresident of the body, Anatel’s certification aims to guarantee the safety not only of consumers, but also of national telecommunications operators.

Amazon and Mercado Livre are in the spotlight of Anatel

In the press conference, Anatel informed that, among the seven largest e-commerce portals in Brazil, the Amazon and the Free market they are the only companies classified as “non-compliant”.

Websites have 51.52% AND 42.86% In percentage of non-approved mobile phones, respectively, according to the agency’s investigations. Furthermore, Anatel reported that it has already attempted to negotiate amicably with the platforms since 2021, but without success.




Percentage of cell phones not approved by Anatel sold in Brazil (Image: Anatel/Disclosure)

At the same time, companies like it Luiza magazine, Carrefour, Casas Bahia AND Shopee are already compliant, according to the agency’s classification.

As regards Magalu, specifically, the company has already stated in an official statement that it is “the most rigorous market for the entry of new sellers”. The company said it is in constant contact with major electronics brands to track down unauthorized sellers who may be distributing counterfeit or contraband products.

A Americans is the only “partially compliant” company. It is worth mentioning that Americanas could become a “non-compliant” company if it takes more than 15 days to adapt to the new rules.

Contrary to the data presented by Anatel, both Amazon and Mercado Livre have already stated, in official statements in the past, that they operate in compliance with Brazilian legislation.

In the case of Amazon, the company said that it does not sell irregular products and that cell phones advertised on its marketplace must have “the necessary licenses, authorizations, certifications and approvals.”

Mercado Livre explained that placing advertisements and selling irregular items on its online platform could lead to the expulsion of those responsible. Furthermore, the company has ensured that it acts proactively to stop attempts at illegal use.

How does a company become compliant?

The company that wants to sell cell phones online will have to make some simple changes to the website. The superintendent of grants and resources for the supply of Anatel, Vinicius Guimarãesexplained that platforms must:

  • include the Anatel approval number in product advertising;
  • validate the approval codes of mobile phones registered in the Anatel database;
  • prevent the registration of new phones whose approval code does not comply;
  • remove all ads from mobile phones that have not passed the agency’s validation procedure.

“It’s a matter of one step at a time. Let’s give one more opportunity to reach an agreement, starting with cell phones”, concluded the commissioner.

Official positioning of the Mercado Livre

Mercado Livre informs that, on 06/14/2024, it presented to Anatel, in a collaborative and proactive way, the new measures implemented on its platform to prevent the sale of unapproved products, enhancing the quality of its users’ experience. When an irregular product is identified on the platform, the advert is deleted and the seller is notified, and may even be banned permanently. Mercado Livre also reiterates its determination to collaborate with Anatel and mobile phone manufacturers in the fight against irregular products, through several initiatives, including its Intellectual Property Protection Program, the Brand Protection Program and the CAP Tool – Program of cooperation agreements. Mercado Livre worked together with the agency and in a collaborative manner, in line with the permanent cooperation it maintains with the public and private sectors to combat irregularities.

Source: Anatel

Trends on Canaltech:

Source: Terra

You may also like