Inter-agency coordination and digital platform regulation: lessons from the Whatsapp case in Brazil

Abstract

ABSTRACT This article examines the drivers and obstacles behind the first large-scale cross-agency coordination in digital platform regulation in Brazil. Drawing on elite semi-structured interviews and document analysis, it investigates how the Brazilian National Data Protection Authority (ANPD) and other federal agencies worked together to scrutinize the legal implications of WhatsApp’s privacy policy and terms of service changes announced in January 2021, including concerns regarding transparency, legitimate interest, and consent. The study reveals that while formal institutional arrangements such as cooperation agreements existed, informal factors like personal relationships played a significant role in facilitating coordination. However, capacity and autonomy issues within the involved bodies hindered more substantive coordination and may explain divergences in the interpretation of data protection legislation. The findings emphasize the importance of enhancing mechanisms for inter-agency coordination in digital platform regulation, especially considering capacity and autonomy issues within and across regulatory ecosystems, offering insights to other jurisdictions, particularly for developing countries facing public governance constraints similar to those experienced in Brazil.