THE LGPD AND E-COMMERCE: HOW THE LAW INFLUENCES E-COMMERCE PRACTICES AND THE PROTECTION OF CONSUMER DATA
DOI:
https://doi.org/10.51891/rease.v12i5.26786Keywords:
E-commerce. Personal data protection. LGPD. Hypervulnerable consumers. Digital privacy. Fundamental rights. Transparency.Abstract
E-commerce has established itself as a strategic sector of the economy, intensified by digitalization and the rise of online consumption, especially during the COVID -19 pandemic. Despite offering convenience and a variety of options, e-commerce presents challenges related to the protection of personal data and the privacy of consumers, who are often in a situation of hypervulnerability. In this context, information becomes a valuable economic asset, used by companies for marketing, profile analysis, and personalization of offers, accentuating the asymmetry between suppliers and consumers.The General Personal Data Protection Law (LGPD – Law No. 13,709/2018) represents a legal milestone in Brazil, establishing clear parameters for data processing and drawing inspiration from international legislation, such as the European GDPR. The LGPD imposes requirements such as express consent, transparency, information security, and incident reporting, in addition to granting the National Data Protection Authority (ANPD) an oversight and guidance role. In e-commerce, the law brings about significant changes in business practices, promoting greater transparency, accountability, and strengthening consumer trust. However, challenges persist, such as the compliance of micro and small businesses, limited consumer awareness, and the ANPD's limited oversight capacity. Qualitative research, based on a review of literature, documents, and case law, shows that the LGPD strengthens consumer legal protection and helps balance technological innovation and fundamental rights. For its full effectiveness, complementary digital education, institutional strengthening, and international regulatory integration are necessary, promoting a safe, transparent, and democratic digital environment.
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Atribuição CC BY