Technological evolution has significantly changed consumer relationships, expanding access to products and services and promoting greater convenience for consumers. However, this transformation does not occur without challenges, especially regarding the protection of rights in a constantly innovative environment. E-commerce, applications, and artificial intelligence have not only redefined the interaction between consumers and providers but also require the adaptation of regulations, oversight mechanisms, and digital education. This article explores the impacts of these technologies and presents concrete proposals to ensure consumer protection.
E-commerce: Expansão e Riscos nas Relações Digitais
E-commerce, especially after the COVID-19 pandemic, has established itself as one of the main forms of commerce, offering convenience and a wide range of options. However, consumers face specific challenges in this environment.
Suppliers must ensure that information about products and services is clear, complete and accessible, in compliance with the Consumer Protection Code (CDC), which is not always the case on websites and applications that offer products and services.
To improve online consumer relations, we understand that the development of specific standards for product descriptions on digital platforms is urgent, with requirements regarding image quality and technical detailing. In turn, it is important to have active oversight by consumer protection agencies, using automated analysis tools to monitor websites and identify irregularities.
Regarding the right of withdrawal, although there is legal provision, consumers often face practical difficulties, such as unexpected return costs or resistance from suppliers. To mitigate such difficulties, some proposals would be beneficial, including:
- Specific regulations for the right of withdrawal for digital purchases, including the obligation to inform the return costs in advance.
- Creation of compliance seals for platforms that implement clear and fair return policies.
- Encouraging the use of digital tools to automate return and refund processes, increasing transparency and reducing waiting times.
It is a fact that the growth of e-commerce has led to an increase in cases of fraud and data breaches. Consumer protection in this context requires the strict application of the General Data Protection Law (LGPD) and digital security mechanisms, requiring companies to invest in more robust systems and in partnerships between public agencies and companies to develop educational campaigns about security in digital transactions.
Aplicativos: Praticidade e Novos Desafios Jurídicos
Service applications (such as transportation, delivery and accommodation) have expanded the supply and accessibility of services, but have also created more complex relationships between consumers, platforms and suppliers.
Platforms often claim to act only as intermediaries in an attempt to avoid liability, but consumers are often unclear about who should be held responsible in the event of failures.
To avoid such allegations, it is important that current regulations reinforce joint liability between platforms and suppliers, especially in sectors such as transport and delivery.
The use of dynamic pricing in applications, such as transportation and accommodation, can lead to abusive practices if not properly regulated, and therefore should be subject to greater oversight.
Regarding the internal conflict resolution systems offered by platforms, they often lack transparency and impartiality and become less effective. To improve these mechanisms, it would be necessary to enhance transparency, impartiality, and access to the Judiciary.
As this article has expanded on these issues, we will address the topic of AI and digital education and literacy in the 2nd part of this article.
2ª. part of the article
In the first part of this article we discussed the expansion of online commerce via e-commerce and digital applications, suggesting some measures to improve consumer guarantees.
In this second part of the article, we will discuss a new development that has the potential to cause a true revolution in various aspects of social and consumer relations: AI. How it is already impacting consumers' daily lives and what measures we should take to mitigate the damages.
Artificial Intelligence: Opportunities and Risks in Consumption
It is certain that artificial intelligence is transforming the consumer experience, enabling personalization, automation, and greater efficiency. However, it also presents significant risks. Among the most important are those related to algorithmic discrimination, lack of privacy, and accountability for automated decisions, as we have seen in cases that spread around the world.
Thus, the use of AI can generate discrimination, even if unintentional, harming consumers based on profiles created from data. Therefore, the implementation of mandatory audits for algorithms used in consumer services is important, focusing on the prevention of discrimination and abusive practices. The creation of a specialized regulatory body for AI in consumer protection, or the expansion of ANPD's authority, would be quite beneficial, aiming to establish ethical and technical standards for the use of AI.
And speaking of the ANPD, the LGPD provides for the right to human review of automated decisions that impact consumers, but the practical application of this right is still limited.
Therefore, it is of great importance that all platforms that use AI clearly inform the consumer when their decisions are automated, allowing the request for human review in a simpler and more practical way.
In situations of damage caused by AI, assigning responsibility remains a challenge that falls outside the rules of civil law and even consumer law. This is an unforeseen reality by the legislator and deserves a specific analysis and regulation.
It is necessary to establish specific rules on civil liability in cases of damage caused by AI, ensuring that the supplier is held liable regardless of fault.
In cases where consumers are affected by large-scale damage caused by failures in AI systems, we can consider creating collective compensation funds to compensate those who are harmed.
The changes that have occurred in recent years have led us to rethink consumer relations with the standards established to date, whether current regulations meet the new challenges and what measures and public policies should be taken to bring more security and transparency to consumers.
In this sense, long-term proposals should be implemented. Among them, the promotion of financial education and consumer education. Raising awareness about rights and risks in digital consumption is also essential.
Therefore, it would be important to develop national digital education programs, including courses and educational materials on security, privacy and consumer rights.
On the other hand, the public authorities must continually monitor the impact of technologies and propose updates to standards through consumer protection agencies, with an exclusive focus on e-commerce, applications and AI.
The use of technology to monitor market practices can strengthen consumer protection, preventing and curbing abusive practices, and identifying patterns of large-scale rights violations.
Technological advancement can and should be an ally in building fairer, more transparent, and accessible consumer relationships. However, consumer protection requires concrete actions from legislators, the judiciary, defense agencies, and the companies themselves. The implementation of the measures proposed in this article may not only mitigate the risks associated with new technologies but also transform Brazil into a global reference in consumer protection in the digital environment.
