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New rule for internet domain disputes in Brazil

On October 1, 2022, entered into force the new regulation of the Internet Conflict Administrative System (SACI-ADM in Portuguese), applicable to the “.br” domains registered from October 1, 2010 onwards, aiming at short -term resolution of domain conflicts without the intervention of the judiciary.

Thus, the new SACI-ADM regulation replaces the previous regulation, issued in 2010, and advances in bringing a structured text in chapters, reorganizing and updating the domain names conflict resolution procedure throughout its 36 articles.

According to its new provisions, it is possible to note that the main novelty of the SACI-ADM Regulation was the express inclusion of the need for compliance with the General Data Protection Law (Law No. 13.709/2018), also known as LGPD, in the domain names conflict resolution procedures.

Among the most important changes in the new regulation, we highlight: (1) the complainant’s automatic adherence to the SACI-ADM rules upon the request for the beginning of a new procedure; (2) the possibility of requesting, by the specialist, of the list of other domains belonging to the holder, as a means of grounding for his decision; and (3) the publication of decisions by NIC.br and institutions accredited with the proper pseudonymization of the data of the parties.

Therefore, the changes brought to SACI-ADM are intended to adapt it to the new digital reality with more systematized and organized provisions, valuing the maintenance of the important results obtained by the implementation of the administrative resolution of domain name conflicts, which relieved the judiciary and pacified the disputes in the short term.

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