Can a school use a pupil's photo in paid advertising?

Not without authorisation specific to that purpose. A general image release signed at enrolment rarely covers paid advertising, which is commercial use. Schools, franchises and studios boosting content featuring pupils sit in a risk zone their management is often unaware of.

Does my app need to comply with the Digital ECA?

If your product can be accessed by someone under 18, yes. The regime is distinct and stricter than general data protection law, covering age verification, parental consent, privacy by design and moderation duties.

What is a family digital exposure assessment?

A confidential legal review of what is already publicly available about a family, the concrete risk it represents and what can be reduced, removed or reorganised. It works on open sources and on what the family itself provides. It is not investigation, monitoring or surveillance of children.

Practice areas

Each situation calls for a different kind of care.

Q: Do I need judicial authorisation for my child to appear in monetised content?

Yes, where payment is involved. Article 149 of Brazil's Child and Adolescent Statute requires prior judicial authorisation for a minor to take part in artistic activity, public performance or advertising production. One authorisation is needed per child, and platforms now demand the document on pain of blocking the account.

Protecting a child inside an app is not the same as protecting their image in a campaign, nor the same as taking care of what already circulates about your family. Below, what we do in each of those situations.

Technology companies

If your product can be accessed by someone under 18, it falls under a regime of its own, stricter than general data protection law, and one that a line in the privacy policy does not resolve.

Digital ECA and data protection compliance for products with underage users
Age verification and parental consent: legal design and limits
Privacy by design applied to minors
Moderation policy and complaint response flow
Contracts with suppliers, processors and integrations
Response to platform, prosecution or regulator notices

Timeline · 3 to 6 weeks, depending on the product

Family digital exposure assessment and protection

A confidential review of what is already public about the family, the concrete risk it represents and what can be reduced, removed or reorganised. Work carried out on open sources and on what the family itself provides.

Survey of each family member's public exposure
Risk analysis: identification of address, routine, school and assets
Reduction plan, with priorities and owners
Removal notices to platforms and search engines
Assessment and recommendations on authorisations given to schools, activities, doctors and other services, on their compliance and safety
Conduct guidance and follow-up over a defined period

Timeline · 4 to 6 weeks

Judicial authorisation and platform response

Article 149 requires prior judicial authorisation for a minor to take part in artistic activity, public performance or advertising production. Platforms have started demanding the document, with a deadline.

Petition filed before the competent Childhood and Youth Court
Collection and organisation of the required documentation
Structuring of the restricted account and destination of earnings
Authorisation for continuous activity, not only one-off productions
One authorisation per child, with validity tracked
Response to the platform notice within the deadline

Timeline · Filed within 5 business days

Content and advertising

Schools, agencies, brands, production companies and studios using a child's image in commercial material sit in a risk zone most managers are unaware of. Paid advertising featuring a pupil is the most common case and the least noticed.

Image and voice releases for minors, drafted for the actual purpose
Campaign and contract review before signature
Internal policy on capturing, using and storing images
Structuring the relationship between agency, brand and legal guardian
Digital ECA compliance for schools, franchises and studios
Response to challenges from guardians or supervisory bodies

Timeline · 2 to 5 weeks

Boundaries

What this work is not

So that you know, from the outset, what to expect and what not to expect from this work.

It is not investigation or monitoring

The family exposure assessment works on open sources and on what the family provides. It does not involve tracking people, breaking confidentiality or surveilling children.

It is not reputation management

Reputation management, content production and press relations are not carried out by the law practice. We are happy to point you to trusted names.

It is not family law

Custody, maintenance and visitation are a separate possible service, to be discussed case by case. The family digital exposure assessment is confined to data, image and real and digital exposure.

It is not guaranteed removal

Removal notices have a variable success rate and depend on the platform. What is delivered is technical work of the highest standard.