Keep your store within the rules of the E-commerce Law and in this way gain more credibility in the online market.
What is E-commerce Law?
It is a set of rules stipulated by the federal government in the context of decree 7.962/2013.
However, these rules complement Law 8.078/1990, which in turn is called the Consumer Defense Code.
Be that as it may, the rules mentioned in Decree/Law 7.962/2013 must be put into practice by entrepreneurs and administrators of virtual stores and other online retail systems.
• Also access and read the article “ Definition of e-commerce ” and learn the true concept of electronic commerce.
What is the E-commerce Law?
The aforementioned E-commerce Law has nine articles about which you can read a summary below:
1 - General aspects:
It exposes, in fact, that e-commerce sites must clearly present information about products, services and suppliers.
In addition, they must facilitate service and respect the consumer's right to regret.
2 - Aspects of the website:
It makes it known that e-commerce sites should expose to consumers above all:
• The company name
• The company's CNPJ or CPF (if any)
• The physical and electronic address
• General contact information
• The characteristics of the product or service
• Product health and safety risks
• The price
• Additional expenses
• Payment modalities
• The availability of the product or service
• The form of delivery
• The total conditions of the offer
Certainly, in addition to providing more transparency, the insertion of this information in a virtual store or other type of e-commerce site adds more credibility to the business and generates more loyalty.
• Access and read the article " Does an online store need a CNPJ ?" and find out why it's essential.
3 - Coletive shopping:
It informs that the electronic means used to offer collective purchases and the like must display (in addition to the data mentioned in article 2):
• The minimum amount of people for activation
• The term of use of the offer
• Finally, the identification of all suppliers
4 - facilitated service:
Provides that the owner of the e-commerce site must provide the consumer with:
• Contract summary before contracting
• Error identification tools
• Confirmation of acceptance of the offer
• Contract in a medium that can be preserved
• Electronic answering service
• Confirmation of receipt of queries
• Payment security
• Security for consumer data
Therefore, it's important that you prepare all this documentation while planning the implementation of your e-commerce platform.
• Also access and read the article " How to open an e-commerce company " and get tips on formats, business size, accounting services and e-commerce platforms.
5 - right of repentance:
It states that the owner of the electronic commerce must inform in its online sales means the resources with which the consumer can exercise his right of regret.
E-commerce law: consumer has the right to regret a purchase. So, you, the owner of the virtual store, must inform you how to proceed in this case.
6 - Offer conditions:
It informs that e-commerce sales must comply with:
• The conditions of the offer
• Delivery conditions
• The established deadlines
• The amount
• The quality
• The suitability
7 - Penalties:
It makes it known that the non-application of the rules described in the E-commerce Law will result in the application of the sanctions mentioned in article 56 of the Consumer Protection Code.
Thus, the sanctions mentioned therein may be:
• Fines
• Product seizures
• Disposal of products
• Cassation of product registrations with the competent body
• Product manufacturing bans
• Suspensions of the supply of products and services
• Revocation of the concession or permission to use
• Revocation of the establishment's or activity's license
• Total or partial ban on the establishment, work or activity
• Administrative intervention
• Counterpropaganda imposition
8 - Amendments to someone else's decree:
It mentions that Decree 5.903/2006 is amended, thus becoming effective with an article 10 which establishes that in electronic commerce:
• Prices of products and/or services must be properly informed
• The prices of products and/or services must expose the total in cash
• The information must be adequate and clear for the consumer
9 - Shelf life:
Establishes the date on which the E-commerce Law came into force, March 15, 2013.
How to view the full text of the E-commerce Law?
To view the full text of the E-commerce Law and its details, the reader should click on “ DECREE No. 7.962/2013 ”.
Anyway, by doing this, you will be forwarded to a page on the Planalto where the complete Law is published.
Other laws governing Brazilian e-commerce
E-commerce law has complementary laws that must be taken into account by the virtual store owner.
The reader friend should also be aware of other laws and decrees (including federal, state and municipal legislation) that have articles that may influence e-commerce sites in Brazil. For example:
• SEI Informative Standard No. 11/2018 : outlines rules for "buy and get" promotions
• Law 13.709/2018 : This is the Data Protection Law.
• Law 8.078/90 : This is the Consumer Protection Code.
• Law 12.965/14 : This is the Civil Framework for the Internet.
• Law 123/06 : National Statute for Microenterprises and Small Businesses
• Law 128/08 : addresses the Individual Microentrepreneur system
• Law 3.669/01 : addresses the delivery of products in Rio de Janeiro
• Law 13.747/09 : addresses the delivery of products in São Paulo
• Law 14.951/13 : addresses scheduled deliveries in São Paulo
• Law 13.543/17 : regulates price information conditions in e-commerce.
Well, always be aware of e-commerce legislation.
Have a good conversation with your accountant and your lawyer about this matter.
In this way, avoid unpleasant surprises.
