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Senate approves regulation of e-commerce

02.10.2015

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Jefferson Rudy / Agency Senate

The Senate Plenary approved on Wednesday (30) an update of the Consumer Protection Code (CDC) that creates a legal framework for e-commerce and distance selling in the country. The Project of the Senate Law 281/2012 was approved in the form of substitute and awaits a vote in additional shift to be forwarded to the Chamber of Deputies.

The text creates a new section in the Consumer Defense Code (Law 8.078 / 1990) to deal with e-commerce and also amending the Law of Introduction to the Brazilian Law Rules (Decree Law 4,657 / 1942).

Among the new features are implemented aa expansion of product return rights or services, penalties for abusive practices against consumers, and even the restriction of invasive advertisements known as spam, among others.

Presented by former Senator Jose Sarney, the project was part of a batch of 27 propositions which dealt with together and passed through the analysis of the legal commission set up in the House to modernize the CDC.

The rapporteur of the matter, Senator Ricardo Ferraço (PMDB-ES), explained that when the CDC was enacted 25 years ago, e-commerce did not exist in the daily lives of Brazilians. Today, however, is already used by about 60 million consumers at home and moved in 2014, approximately R $ 36 billion.

- It is high time for us garantirmos some values and some principles in e-commerce, which is now a tool that is part of the routine of people, a tool that can be linked to transparency and legal certainty in this type of business transaction - defended.

Withdrawals

The article states, for example, the consumer may withdraw from the contract at a distance within seven days from the date the offer is accepted, the receipt or the availability of product or service - whichever occurs last. The customer may, however, have to shoulder the payment of fees for withdrawal of the business, if they are provided for in the contract.

At another point, the project requires the supplier to maintain the customer service department (SAC) and to report on the site characteristics as the final price of the product or service, including fees, taxes and freight charges.

Also according to the text, those who serve, license, sell, share, donate or give personal data and information without the express permission of the owner will be subject to the penalty of three months to one year in prison and a fine. Not constitute a crime if the information is exchanged between suppliers that integrate the same economic group, or due to the determination of public agency.

On international consumer contracts, defined as those made between a consumer located in a country other than that where the store or service provider, the text provides that will stand the laws of the tendering place or, if executed in Brazil by law Brazil, since it is more favorable to the consumer.

Coletive shopping

Websites or other electronic means used to group buying offers should inform the minimum amount of consumers to fulfill the contract, the deadline for use of the offer by the consumer and the identification of site and product supplier or service offered. Failure to perform these precedimentos may result in punishment.

The president of the Senate, Renan Calheiros, the PLS is the result of "a great work of the Senate", with uncertain gains for Brazilian consumers.

- With this new legal framework, Brazil is part positively and international dimension in the consumer market and give greater assurance to consumers that already make their purchases through virtual - he said.

Agência Senado (may be reproduced provided the Senate Agency)

Source: Agência Senado

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