E-commerce in Brazil reached an impressive revenue of R$ 22.5 billion in 2012, 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 that 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 not yet aware of this important legislative step, recognizing the importance of e-commerce in the protective sphere of the consumer.
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 address, electronic address, and the point that many discussions overlook 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, 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 important to emphasize the protective nature of the consumer protection code in interpreting the clauses of the contract, always leaving uncertainties as points in favor of the consumer.
Collective Purchases Have Stricter Treatment
Now collective purchases must provide complete data of the supplier and the offer, just as they are required to provide their own as stated above. Note that there is room for legal interpretation that is not yet consolidated regarding joint liability for civil actions against the supplier of the collective purchase site, demanding greater care from companies engaged in collective purchases in selecting suppliers and reviewing their contracts with the e-consumer.
It is worth reminding 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.