Is your e-commerce store a rogue operation?

Reading time: 3 minutes

Probably yes.
E-commerce in Brazil grows steadily year after year. Online shopping has become a reality for more than 48 million Brazilians who purchased from e-commerce at least once in the year, a 22% increase compared to 2015. Despite this large number of people, most online stores do not comply with current legislation, and enforcement is overlooked, allowing stores to continue disregarding consumers.
In fact, the Brazilian internet is no longer a lawless land. In April 2014, Law 12,965, better known as the Civil Framework for the Internet, was enacted. This long-overdue law establishes the principles, guarantees, rights, and duties for using the internet in Brazil. In March 2013, then-President Dilma Rousseff signed a decree (No. 7,962) regulating the well-known Law No. 8,078, which pertains to the widely discussed Consumer Defense Code of 1990.
Now e-commerce has its own legislation, providing the security and rights that many consumers fear they will not find in the infinite world of the internet. Read the full e-commerce legislation: DECREE NO. 7,962, OF MARCH 15, 2013
Check Commerce has prepared a summary so you can check whether your online store complies with Brazilian e-commerce rules. Review the main points and do not forget to read the full decree:
In short, here are the main points brought by this decree:

  • Store owners are required to provide complete and visible identification of their business details, such as their corporate name, CNPJ (tax ID), full address, email, contact phone numbers, etc.;
  • An effective customer service must be available;
  • Active cookies must be specified, as well as the data these systems collect from the user's browsing and the purpose for collecting this data;
  • The characteristics of the products or services offered must be clearly and comprehensively identified, including any risks they may pose to consumers' health and safety;
  • Prices and promotions must also be presented in a way that leaves no room for varied interpretations;
  • Consumers have the right to return their purchase within 7 days of receipt without providing a reason, known as the right of withdrawal, at no cost to the consumer;
  • For exchanges made solely at the supplier's discretion, the consumer may be charged shipping fees. However, exchanges and returns due to defects or flaws must be carried out at no cost to the consumer.

In addition to the rights guaranteed by the constitution, it is essential that store owners provide security and reliability. Respecting consumers is key to attracting and retaining customers. This is truly reflected in the relationship between the customer and the store owner.
For those who still have questions, SEBRAE has created a detailed guide to the laws governing Brazilian e-commerce. Download the manual by clicking here.