Anatel Suspends Mandatory Certification for Data Centers Amid Ongoing Regulatory Discussions
Anatel has temporarily suspended the mandatory certification requirement for data centers, a decision made during a meeting on February 12. This move follows pressure from companies and ongoing legal disputes. The suspension applies to Article 6 of Resolution 780/25 until further review by the Board. It aims to facilitate dialogue regarding the new Regime Especial de Tributação for Data Center Services, Redata, and national policies under discussion. The Brazilian Data Center Association argues that the rule creates legal uncertainty, while Anatel maintains its position for necessary regulation of critical telecommunications infrastructures.
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Anatel has decided to temporarily suspend the mandatory certification of data centers, effective from its meeting on February 12. This suspension follows pressures from industry stakeholders and legal disputes.
The decision specifically halts the enforcement of Article 6 of Resolution 780/25 until the Council conducts a reexamination. The suspension is intended to promote dialogue on the new Redata tax regime and national policies concerning data centers.
The Brazilian Data Center Association claims the rule creates legal uncertainty and points out that most Brazilian data centers are classified as Tier 3. Anatel, however, asserts that regulation is essential for critical telecommunications services.
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