Technological evolution has significantly changed consumer relationships, expanding access to products and services and promoting greater convenience for the consumer. However, this transformation does not happen without challenges, especially regarding the protection of rights in an environment of constant innovation. E-commerce, apps and artificial intelligence have not only redefined the interaction between consumers and suppliers, but also require the adaptation of standards, mechanisms of oversight and digital education. This article explores the impacts of these technologies and presents concrete proposals to ensure consumer protection
E-commerce: Expansion and Risks in Digital Relations
E-commerce, mainly after the COVID-19 pandemic, consolidated as one of the main forms of trade, offering practicality 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 accordance with the Consumer Defense Code (CDC) which does not always occur on websites and applications that offer products and services
To enhance online consumer relations, we understand that it is urgent to develop specific standards for product descriptions on digital platforms, with requirements for image quality and technical detail. 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 unexpected return costs or supplier resistance. In order to mitigate such difficulties, some proposals would be beneficial, among them
- Specific regulation for the right of withdrawal in digital purchases, including the obligation that the return costs be informed in advance
- Creation of compliance seals for platforms that implement clear and fair return policies
- Incentive to use digital tools to automate return and refund processes, increasing transparency and reducing wait time
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 for the development of educational campaigns on security in digital transactions
Applications: Practicality and New Legal Challenges
Service apps (such as transportation, delivery and hosting) expanded the availability and accessibility of services, but they also created more complex relationships among consumers, platforms and suppliers
Frequently, the platforms claim to act only as intermediaries in an attempt to exempt themselves from responsibility, but consumers often lack clarity on who should be held accountable in cases of failures
To avoid such claims, it is important that the current regulations reinforce joint liability between platforms and suppliers, especially in sectors such as transportation and delivery
The use of dynamic pricing in applications, such as transportation and accommodation, it can lead to abusive practices if not properly regulated, and for this reason there should be greater oversight
As for internal conflict resolution systems, offered by the platforms, often lack transparency and impartiality and become ineffective. To enhance these mechanisms, it would be necessary to improve transparency, impartiality and the guarantee of access to the Judiciary
Having this article extended on these issues, we will address the theme of AI and education and digital literacy in the 2nd part of this article
2ª. part of the article
In the first part of this article, we discuss the expansion of online commerce through e-commerce and digital applications, suggesting some measures to enhance consumer protections
In this second part of the article, we will discuss a novelty that has the potential to cause a true revolution in various aspects of social and consumer relations, the AI. How it is already impacting the daily lives of consumers and what measures we should adopt to mitigate the damage
Artificial Intelligence: Opportunities and Risks in Consumption
It is certain that artificial intelligence is transforming the consumer experience, allowing customization, automation and greater efficiency. However, also presents significant risks. Among the most important are those related to algorithmic discrimination, the 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. That is why it is important to implement mandatory audits for algorithms used in consumer services, focusing on the prevention of discrimination and abusive practices. The creation of a specialized regulatory body for AI in consumption, or the expansion of ANPD's authority, it would be quite healthy, 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 in automated decisions that impact consumers, but the practical application of this right is still limited
Therefore, it is of great importance that all platforms using 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, the assignment of responsibility is still a challenge that escapes the rules of civil law, and also of consumer rights. This is a reality not anticipated by the legislator and deserves 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 there are consumers affected by large-scale damages caused by failures of AI systems, we can evaluate the creation of collective compensation funds for indemnifying those who are harmed
The changes that have occurred in recent years lead us to rethink consumption relationships with the standard established to this day, if the current regulation meets 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 must be implemented. Among them, the promotion of financial education and consumer awareness. Promoting awareness about rights and risks in digital consumption is also essential
Thus, it would be important to develop national digital education programs, including courses and educational materials on safety, privacy and consumer rights
On the other hand, the public power must continuously monitor the impact of technologies and propose updates to regulations through consumer protection agencies, with exclusive focus on e-commerce, applications and AI
The use of technology to monitor market practices can strengthen consumer protection, avoiding and curbing abusive practices, identifying patterns of large-scale rights violations
Technological advancement can and should be an ally in building fairer consumer relationships, transparent and accessible. However, consumer protection requires concrete actions from the legislator, of the Judiciary, of defense agencies and the companies themselves. The implementation of the measures proposed in this article can not only mitigate the risks associated with new technologies, but also to transform Brazil into a global reference in consumer protection in the digital environment
