Although e-commerce does not yet have a set of rules as specific and detailed as other areas of law, we do have some important legislation, such as Decree No. 7962/2013 (Electronic Commerce Law) and Law No. 12.965/2014 (Civil Rights Framework for the Internet). Even with these regulations, the role of the legal profession remains fundamental in guaranteeing the legality, safety and protection of both consumers and companies involved in transactions.
It is well known that, traditionally, the legal sector has always had a compliance role, i.e. ensuring that companies follow established legal rules. However, with the exponential growth of digital commerce, the role of the legal department needs to go beyond simply "keeping up" with changes - it must be an active agent, proposing creative and appropriate solutions to the new realities of the market, being a partner in the business.
The changes in this world are rapid and everyday life is dynamic, so the legal profession needs to be agile and adaptable.
The importance of legal adaptation to the digital environment
The new demands that arise with the growth of the digital market require the legal team to understand not only existing laws, but also how to adapt them to the virtual scenario. This includes everything from data protection issues to managing electronic contracts, as well as the challenges of taxing digital commerce.
To deal with this dynamic, we use tools that help organize requests from the various areas of the company, such as case management and internal communication software, as well as specialized case law tools. These tools make it easier to research and understand court decisions, making legal work more agile and effective. They are essential to ensure that our work is fast, efficient and aligned with legal requirements and the company's strategy.
Legal practice in e-commerce encompasses several areas of law, each with specific challenges that must be understood and integrated into day-to-day operations.
One of the main fronts of everyday life is consumer law (Consumer Defense Code), which guarantees that commercial practices comply with the laws protecting the end customer, with a focus on transparency, returns and adequate service. It is worth mentioning that one of the main differences between offline commerce and e-commerce is the right of repentance, which allows consumers to withdraw from a purchase made through a website - this process is called reverse order.
In the contract area, in addition to dealing with the traditional drafting, review and management of contracts - both with suppliers and customers - it is especially important to ensure that suppliers comply with the LGPD (General Data Protection Law).
Considering the significant amount of data transacted and stored in any e-commerce operation, adherence to the LGPD is a fundamental requirement in order to continue contracting.
To guarantee the sector's security, we take preventive action focused on qualifying suppliers, especially with regard to compliance with the LGPD. This involves implementing privacy and information security policies to protect both the company and consumer data.
The strategic role of legal in e-commerce innovation
Another aspect that can be considered valuable is regulatory law, the main focus of which is to secure the necessary licenses to operate in the sector and ensure compliance with current regulations. Legal action includes monitoring legislative changes that directly impact e-commerce, ensuring that the company is always in compliance with market requirements.
In addition to all this digital and formal structure, we can't forget the essential role of people in this digital universe. In view of this, aligned and solid action between the legal department and the human resources sector, always in accordance with the principles and rules of labor law, is also a constant point for improvement and attention. This includes everything from the implementation of new training and people management tools to the creation of channels to listen to employees, who are directly linked to the business and the team.
These areas of activity are crucial to the success of e-commerce operations. The legal department must be proactive, anticipating problems and offering solutions that not only comply with legal requirements, but also provide legal security for the company and its clients.
Legal, traditionally seen as a "brake" on innovation, has actually proved to be an essential facilitator for the evolution of e-commerce. When well aligned with the demands of the business, the legal sector can be a true ally in the digital transformation, helping to build a solid foundation for the company's growth. This involves, among other activities, reviewing contracts with suppliers and partners, creating internal compliance policies, adapting to digital marketing and continuously training teams to deal with legal challenges.
In a market as dynamic as e-commerce, the combination of proactive action and adaptation to existing laws, without losing sight of the constant improvement of legal practices, is the way for e-commerce companies to stand out and prosper in the digital environment.
