It follows relevant aspects of Law nº 12.965 , that guide the good practices of e-commerce sites in the country.
Law No. 12,965 - MarcoCivil da Internet
Art. 1st This Law establishes principles, guarantees, rights and duties for the use of the internet in Brazil and determines the
guidelines for action by the Union, the States, the Federal District and the Municipalities in relation to the matter.
Art. 3 The discipline of internet use in Brazil has the following principles:
I - guarantee of freedom of expression, communication and manifestation of thought, under the terms of the Federal Constitution;
II - protection of privacy;
III - protection of personal data, pursuant to the law;
IV - preservation and guarantee of net neutrality;
V - preserving the stability, security and functionality of the network, through technical measures compatible with international standards and encouraging the use of good practices;
VI - accountability of agents according to their activities, under the terms of the law;
VII - preservation of the participatory nature of the network;
VIII - freedom of business models promoted on the internet, provided they do not conflict with the other principles established in this Law.
Single paragraph. The principles expressed in this Law do not exclude others provided for in the national legal system related
to the matter or in international treaties to which the Federative Republic of Brazil is a party.
Rights and Guarantees for Users
Art. 7 Internet access is essential for the exercise of citizenship, and the following rights are guaranteed to the user:
I - inviolability of intimacy and private life, its protection and compensation for material or moral damage resulting from its violation;
II - inviolability and secrecy of the flow of your communications over the internet, except by court order, as provided by law;
III - inviolability and secrecy of your stored private communications, except by court order;
IV - non-suspension of the internet connection, except for debt directly resulting from its use;
V - maintenance of the contracted quality of the internet connection;
VI - clear and complete information contained in the service provision contracts, with details on the record protection regime
connection and access logs to internet applications, as well as network management practices that may affect its quality;
VII - non-disclosure of your personal data to third parties, including connection logs and access to internet applications, except upon
free, express and informed consent or in the cases provided for by law;
VIII - clear and complete information on the collection, use, storage, treatment and protection of your personal data, which can only be
be used for purposes that:
a) justify their collection;
b) are not prohibited by law; It is
IX - express consent on the collection, use, storage and processing of personal data, which must occur
prominently from the other contractual clauses;
X - definitive deletion of the personal data that you have provided to a certain internet application, at your request,
at the end of the relationship between the parties, except for the cases of mandatory custody of records provided for in this Law;
XI - publicity and clarity of any policies for the use of internet connection providers and internet applications;
XII - accessibility, considering the physical-motor, perceptive, sensory, intellectual and mental characteristics of the user,
under the law; It is
XIII - application of consumer protection and defense rules in consumer relations carried out on the internet.
Art. 8 The guarantee of the right to privacy and freedom of expression in communications is a condition for the full exercise
of the right of access to the Internet.
Single paragraph. Contractual clauses that violate the provisions of the caput are null and void, such as those that:
I - imply an offense to the inviolability and secrecy of private communications over the internet; or
II - in the adhesion contract, do not offer the contracting party the adoption of the Brazilian forum for dispute resolution as an alternative
arising from services provided in Brazil.
Protection of Records, Personal Data and Private Communications
Art. 10. The custody and availability of connection records and access to internet applications dealt with in this Law, as well as data
personal data and the content of private communications, must take into account the preservation of the privacy, privacy, honor and image of
parties directly or indirectly involved.
§ 1 The provider responsible for safekeeping will only be required to make the records mentioned in the caput available, autonomously
or associated with personal data or other information that may contribute to the identification of the user or the terminal,
by court order, pursuant to the provisions of Section IV of this Chapter, in compliance with the provisions of art. 7th.
§ 2 The content of private communications may only be made available by court order, in the cases and in the manner that the
established by law, respecting the provisions of items II and III of art. 7th.
§ 3 The provisions of the caput do not prevent access to registration data that inform personal qualification, affiliation and address,
in the form of the law, by the administrative authorities that have legal competence for its request.
§ 4 The security and secrecy measures and procedures must be informed by the person responsible for the provision of services
in a clear manner and meet the standards defined in regulations, respecting your right to confidentiality regarding business secrets.
Art. 11. In any operation of collection, storage, custody and treatment of records, personal data or communications by providers
connection and internet applications in which at least one of these acts takes place in national territory, must be compulsorily respected
Brazilian legislation and the rights to privacy, protection of personal data and secrecy of private communications and records.
§ 1 The provisions of the caput apply to data collected in the national territory and to the content of communications, provided that at least one of the
terminals is located in Brazil.
§ 2 The provisions of the caput apply even if the activities are carried out by a legal entity headquartered abroad, provided that it offers a service
to the Brazilian public or at least one member of the same economic group has an establishment in Brazil.
§ 3 Internet connection and application providers must provide, in accordance with the regulation, information that allows verification
regarding compliance with Brazilian legislation regarding the collection, custody, storage or processing of data, as well as regarding the
respect for privacy and confidentiality of communications.
§ 4 Decree will regulate the procedure for investigating violations of the provisions of this article.
Art. 12. Without prejudice to other civil, criminal or administrative sanctions, violations of the rules provided for in arts. 10 and 11 are subject,
as the case may be, to the following sanctions, applied individually or cumulatively:
I - warning, indicating the deadline for adopting corrective measures;
II - a fine of up to 10% (ten percent) of the revenue of the economic group in Brazil in its last fiscal year, excluding taxes, considered
the offender's economic condition and the principle of proportionality between the seriousness of the fault and the intensity of the sanction;
III - temporary suspension of activities involving the acts provided for in art. 11; or
IV - prohibition of carrying out activities involving the acts provided for in art. 11.
Single paragraph. In the case of a foreign company, its subsidiary is jointly and severally liable for the payment of the fine referred to in the caput,
branch, office or establishment located in the country.