Objective: Surveillance capitalism is analyzed, under the perspective of Shoshana Zuboff, its relationship with the culture of surveillance and the consequences of this new economic policy for fundamental rights-privacy and freedom of speech-, paying attention to possible protection measures these rights in the face of the abuses that permeate digital platforms. Method: The normative-deductive method was applied, based on a national and foreign bibliographic review, with a comparative study of the legal instruments that were discussed or used in Brazil, the United States and the European Union. Results: The culture of surveillance and the capitalism that results from it through the exploitation of big data, exposes the need to establish transparency on the part of the large companies that invest in this sector. It also demands legislation that protects data, prevents the abuse of freedom of speech and the spread of intentional misinformation. Contributions: It points out the facilities arising from the digital revolution, the risks arising from its use and the possibility of manipulating consumerist, political and social behaviors. Given the existence of capitalism based on data merchandising-surveillance capitalism-public awareness is essential to protect people's freedom and privacy. Digital education (literacy) and the development of transparent regulations are ways of limiting the power of digital media platforms and preventing economic interest from overlapping human interest. © 2021, Centro Universitário Curitiba - UNICURITIBA. All rights reserved.