Anatel Regulates Data Centers Linked to Telecommunications Networks
On August 1st, 2025, the National Telecommunications Agency – Anatel published Resolution No. 780/2025 (“Resolution”), amending the Regulation on Conformity Assessment and Homologation of Telecommunications Products to include data centers related to telecommunications networks in the list of products regulated by the agency,.
Under the new rules, these data centers must undergo a conformity assessment with Anatel’s requirements and obtain homologation from the agency prior to commencing operations.
The homologation process and related procedures, including the technical criterea for conformity assessment, will be detailed in a specific operational procedure to be issued by Anatel by March 28, 2026.
This operational procedure is expected to establish, among others, the following requirements for data centers subject to the Resolution:
(i) ability to operate continuously, even in the event of failutes, adverse incidents, or disasters;
(ii) physical security measures to protect their facilities against unauthorized access, damage, and both internal and external threats;
(iii) robust cybersecurity;
(iv) adoption of technologies and practices that promote energy efficiency and reduce energy consumption;
(v) compliance with best environmental and sustainability practices.
Following the publication of the operational procedure, the contracting or installation by telecommunications service providers of new data centers will only be permitted if the installation has been homologated by Anatel. Existing data centers will have a period of three (3) years from the procedure’s publication date to comply with the requirements established in the Resolution.
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