E-commerce in Brazil reached an impressive mark in 2012, with R$ 22.5 billion in revenue, a nominal growth of 20% compared to 2011, with a forecast that in 2013 we will reach 50 million e-consumers in the country according to the latest study by E-bit.
This universe of 50 million e-consumers is the main target of this change in the consumer protection code, which aims to safeguard the relationships between consumers and e-commerce companies.
As an e-commerce consultant and lawyer, I felt compelled to write a bit about the impacts of Decree 7962 to warn entrepreneurs who are still unaware of this important legislative step, recognizing the importance of e-commerce in the consumer protection sphere.
Visibility on the website about the company conducting e-commerce and its products
It is now mandatory to clearly display the CNPJ of the e-commerce company along with its physical and electronic address, and the point that many discussing the subject do not elaborate on is the need for clarity in information about products and payment and delivery conditions.
This opens up information with fundamental impacts on the right of withdrawal. Many e-commerce companies used to avoid exchanges based on the consumer's lack of understanding regarding the product; with this act, the legislator made it clear that the intention is to always interpret in favor of the consumer when there is a lack of clarity in the information, which is why e-commerce must be more careful when composing the content of product details, striving to be as comprehensive as possible in its explanation.
Visibility of the Contract and Terms of Service
Regardless of the type of e-commerce, the contract for the use of services and purchase of products must be visibly presented so that the e-consumer can access it at the time of purchase, as well as consult it after the purchase when they have questions about their rights.
At this point, it is worth highlighting the protective nature of the consumer protection code in the interpretation of the contract clauses, always leaving uncertainties as points in favor of the consumer.
Collective Purchases have a more rigorous treatment
Now collective purchases must provide complete information about the supplier and the offer, just as they are required to provide their own information as stated above. Note that there is room for a legal interpretation that is not yet consolidated regarding joint liability for civil actions against the supplier of the collective purchase site, requiring greater care on the part of companies engaged in collective purchases in selecting suppliers and reviewing their contracts with the e-consumer.
It is good to remind the uninformed that these legal provisions, when not respected, are subject to the application of the provisions in Article 56 of the consumer protection code, which, among other penalties, provides for the suspension of product supply or the operation of the establishment for an indefinite period.