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How to improve the customer experience through WhatsApp?

Allanis Grum
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How to improve the customer experience through WhatsApp?

Is your company truly leveraging the full potential of market communication channels to strengthen its relationship with customers? In a scenario where speed and personalization are increasingly valued by consumers, the challenge is to be present and accessible through your target audience's preferred channels, ensuring quick and interactive service – something that, given so many options, can be achieved and enhanced on WhatsApp.

Installed on more than 98% of Brazilian smartphones, according to data released by Wapikit, this platform has long since ceased to be just a chat tool, becoming a strategic link capable of transforming the relationship between companies and consumers. It is today a channel that offers agility, interactivity, and convenience, being widely used for both customer service and marketing and sales actions.

According to Wapikit, 79% of users have already used the channel to communicate with companies, and 62% have made purchases directly through the platform. It is also estimated that 96% of national brands use WhatsApp as their main customer service channel, being the primary means of contact with clients and leads for 86% of sales professionals. And there are no shortage of arguments proving why its popularity is growing.

Your average message open rate is about 98%, according to the same source, significantly surpassing other traditional channels like email. With its reach and adaptable features, the platform offers an unprecedented path to building engagement, trust, and loyalty through personalized messages tailored to each customer's needs and profile – an important differentiator in creating positive experiences. Because, according to another Emplifi study, 63% of users would stop consuming products or services from a brand they are loyal to if they have a single bad experience.

Communications that consider the client's name, interaction history, and purchasing behavior demonstrate attention and care from the company, contributing to strengthening the bond with the brand, while cold, excessive messages that do not align with each individual's interests will only harm your reputation and prosperity. Factors that, despite being widely known in the market, still harm the quality of service in many organizations.

The impersonality of automated interactions, the delay in responses, and the lack of continuity in the service history are still significant challenges in many companies, mainly due to the lack of investment in intelligent automation resources that ensure the integration of the channel with the client's management systems, in order to provide a smoother and more personalized experience.

To ensure that WhatsApp is truly an effective channel in the customer journey, it is essential to consider some factors in developing your strategy, such as response speed and clarity, language appropriate to the brand's profile, responsible use of automations, integration with databases, and compliance with Meta's guidelines – considering its strictness in managing everything transmitted through this channel to prevent it from becoming detrimental to anyone's experience.

Avoid, at all costs, sending excessive messages, which can be interpreted as spam, harm the company's image, and in the worst case, lead to the blocking of this account. Integrate the channel with other solutions that promote a smooth and enriched experience, allowing the completion of full journeys within the app itself, such as using interactive buttons for payments directly in the conversation.

Your integration with other resources such as CRMs, marketing automation platforms, payment systems, analytics tools, and fallback channels is also strategic to enhance the efficiency of your campaigns, including automatic redirection mechanisms to RCS, SMS, or human support, ensuring communication continuity even in delivery failure situations.

WhatsApp transcends the role of a simple messaging app to become a strategic pillar in building strong relationships between companies and consumers, capable of optimizing customer service, personalizing communication, and humanizing interaction. Your investment with intelligence will provide a genuine connection between the parties, becoming an essential channel to improve the customer experience and, consequently, enhance brand results.

100 days until the event, Fabio Porchat is a confirmed speaker at RD Summit 2025

E-Commerce Update
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100 days until the event, Fabio Porchat is a confirmed speaker at RD Summit 2025

Counting down to RD Summit 2025, RD Station, a business unit of TOTVS, announces Fabio Porchat's participation in the event, one of the biggest names in Brazilian humor and communication. 100 days before the 11th edition of the event, the announcement reinforces the commitment to bring inspiring personalities that provoke new perspectives, consolidating the theme "Connections that strengthen businesses" through a diverse and high-impact program.

With a career marked by innovation and versatility, Fabio Porchat works in various fields. In addition to being a successful actor and host on shows like the multi-award-winning "Que História É Essa, Porchat?" (GNT) and "Papo de Segunda," he is the co-creator of Porta dos Fundos, one of the world's largest comedy channels, which has also won an International Emmy. His work extends to cinema, with successful films, and to business, with projects such as D20 Culture and the AhShow app, demonstrating his entrepreneurial vision and his ability to connect with different audiences and platforms. Volunteer in various social organizations, such as NGOsJunior AchievementHe will take the stage at RD Summit on November 5th to speak, in a light and relaxed way, about how companies and personalities can create connections through social responsibility.

The RD Summit 2025, taking place on November 5th, 6th, and 7th at the Expo Center Norte in São Paulo, is the meeting point for over 20,000 people seeking practical content, innovative solutions, and valuable connections. The 11th edition of the event stands out for its robust lineup of speakers, including names such as Andrew McLuhan, Carla Madeira, Erich Shibata, and Sarah Buchwitz, among others. Fabio Porchat's presence, with his ability to connect with the audience and address relevant topics with lightness and depth, adds a layer of creativity and humor that will be one of the highlights of the program.


Other new features announced for this edition include the new Dialogues stage, dedicated to panels and live podcasts, with unprecedented meetings between major industry figures, and the Marketing and Sales Rooms, two exclusive spaces to delve into what truly drives results, curated by Brazil's top references.

"With each edition, we seek to elevate the RD Summit experience by bringing content and personalities that truly make a difference for our audience. Our goal is for people to feel that by investing in the RD Summit, they are investing in real results: applicable learnings, powerful connections, qualified visibility, and progress toward their personal and professional goals. Fabio Porchat's confirmation 100 days before the event is an important milestone, as he represents the creativity and communication skills that are essential in today's business landscape. His participation reinforces our commitment to offering an event that not only educates but also inspires and connects, strengthening the marketing and sales ecosystem in Brazil," says Gustavo Avelar, VP of RD Station.

Consolidated as the main Marketing and Sales event in Latin America and part of São Paulo's official events calendar, the event is a unique opportunity for professionals and companies of all sizes to update themselves on the latest market trends, exchange experiences, and generate business. With content tracks focused on Marketing and Sales, as well as a Business Fair covering over 20,000 square meters, RD Summit 2025 has more than 6,000 confirmed participants and over 120 sponsoring brands.

Programming and Tickets

The RD Summit 2025 will feature more than300 speakersover three days of programming. Tickets are already on sale atofficial websiteand available in three access modes: Daily, Passport, and VIP, the last two with access to the three days of the event.

RD Summit 2025

Data:November 5, 6, and 7, 2025

Local:Expo Center Norte – Rua José Bernardo Pinto, 333 – Vila Guilherme, São Paulo – SP, 02055-000

Information and tickets: www.rdsummit.com.br

Rock Encantech survey points out trends in dermocosmetic consumption by age group in 2025

E-Commerce Update
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Rock Encantech survey points out trends in dermocosmetic consumption by age group in 2025

A Rock Encantech, a reference in solutions for customer engagement in Latin America, released a survey focused on the consumption behavior of dermocosmetics in the pharmacy channel between January and May 2025. Based on the national analysis of 800,000 transactions carried out by 600,000 shoppers, the research was conducted based on trends by age group, including showing the constant increase in demand for these products by the younger audience.

Consumers up to 19 years old, for example, concentrate more than 56% of their consumption in the Dermo Face category, especially with cleansing and facial treatment items (29.45%). Next, the priorities are hydration (19.13%), sunscreen (11.99%), brighteners (4.46%), and anti-acne products (3.11%).

"Mainly due to the influence of social media and content creators, daily skincare routines are being established early. Additionally, a study conducted by Boston University indicates that the increase in the frequency of people participating in video conferences during and after the COVID-19 pandemic has led 77% of people to believe that an aesthetic procedure would help with self-esteem," says Fernando Gibotti, VP of Retail and Industry at Rock Encantech.

Older ages 

When the research focuses on consumers aged 20 to 49 — which includes the ranges of 20 to 29, 30 to 39, and 40 to 49 — the Dermo Face category also stands out, accounting for more than 60% of the revenue. Despite this, there are other particularities; for example, there is a 5.38% presence of Dermo Infantil products among shoppers aged 30 to 39, reflecting those who have young children.  

For Gibotti,This excerpt also reveals that these age groups prioritize a more structured skincare routine, focusing on prevention and aesthetics. "It is possible to perceive the importance of sunscreen and hydration due to increased exposure to computer and office lights, as well as hormonal fluctuations. Another point is that the search for formulas that deliver visible results, with collagen and hyaluronic acid, indicates that these are people connected to trends," she says.

Those over 50 years old—including consumers aged 50 to 59, 60 to 69, 70 to 79, and over 80—show new preferences, such as the Dermo Corpo category, exceeding 25% in all age groups. The same can be said for Dermo Nutricosmetic products, which range from 9% to 13% and feature formulas with hydrolyzed collagen, hyaluronic acid, vitamin C, among other active ingredients.

Despite that, Dermo Rosto is not left behind and still accounts for at least 40% of the total revenue. However, there is a decline in the participation of sunscreens, which ranges between 18% and 25%. This is mainly due to the incorporation of the sun protection factor in anti-aging products, which ranges between 19% and 34%.  

"In the older age groups, it is evident that body care begins to take shape due to the natural decline in collagen and elastin production, which decreases skin elasticity and makes it drier," explains the executive. "In the facial scope, what dominates is the combined use of anti-aging creams and moisturizers, helping to reduce expression lines," he/she/they adds.

The VP of Retail and Industry at Rock Encantech also emphasizes that all the data from the survey prove how the audience is more demanding, so retailers need to keep up with their behavior, considering both product offerings and communication with the shopper. Questions such as well-being, self-esteem, and comprehensive care need to be incorporated into the formulas, but also clearly positioned on the shelves, on the packaging, and in personalized services. In the long term, this concern with the client's more specific interests results in increased trust in the brand, concludes.

The challenge of multicultural bots: How to adapt conversational AI for different Latin American countries

Celso Amaral
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The challenge of multicultural bots: How to adapt conversational AI for different Latin American countries

The adoption of AI-based virtual assistants is rapidly advancing in Latin America, but most companies still underestimate one of the biggest challenges to scaling these projects, which is the need for cultural and linguistic adaptation of the bots in each country, region, and even social group. Implementing an assistant in Spanish or Portuguese may work in prototypes, but it is hardly sustainable in production environments with thousands of real users. The promise of conversational AI as a strategic engagement channel is only realized when bots can resemble the audience they serve, in accent, expressions, references, and even dialogue habits.

A common mistake in regional expansion projects is treating linguistic adaptation as mere translation. However, a bot that works well in Mexico may sound artificial or even offensive in Argentina. The same applies to Portuguese; a Brazilian chatbot that ignores slang and informalities, for example, may generate detachment and lack of engagement depending on the region where it is being used.

Language is not only a vehicle of information but also of social closeness and cultural legitimacy. In conversational AI, this translates into the need for deep adjustments in NLU (Natural Language Understanding), dialogue flows, intent examples, and even fallback responses. A simple "I didn't understand, can you repeat?" may be acceptable in one context, but considered impersonal and robotic in another.

One of the critical points is in the definition and training of the intents. Although the intentions may be semantically the same across countries, such as "track order" or "reset password," the way the user expresses this need varies. In Colombia, the customer can type "quiero rastrear mi compra"; in Chile, "dónde está mi pedido?"; and in Mexico, "en qué va mi envío?". Grouping these expressions under a single intention requires not only volume training but also cultural curation.

This is worsened by the use of generative language models, which by default tend to reproduce a more neutral and globalized language. Without a tuning process with regional data, these models provide generic responses that are poorly connected to the local context.

Another layer of complexity comes from the tone and voice design. While in countries like Brazil informality can generate sympathy, in markets like Peru or Chile excessive casualness can be perceived as a lack of professionalism. The same light joke that engages a young audience in Mexico may seem inappropriate to a more traditional audience in Colombia.

At this point, the adaptation work involves linguists, dialogue designers, and cultural analysts. More than choosing synonyms, it is necessary to understand the emotional impact of each word, emoji, or construction. Empathy cannot be generic; it needs to be culturally encoded.

Continuous training with real and local data

Multicultural bots require not only good initial planning but also continuous monitoring with data from each market. Conversational analysis tools should be configured to segment interactions by country, allowing for model refinement based on actual usage. Behaviors such as abandonment rate, intent rework, or low entity detection indicate problems that may have cultural roots and not just technical ones.

Additionally, practices such as active feedback, segmented Customer Satisfaction Score assessments, and regional split tests help to avoid the common centralizing bias in companies operating in multiple countries. Conversational AI needs intelligence, yes, but also listening.

A path to scalable personalization

For conversational AI to fulfill its role as a driver of engagement and efficiency in Latin America, it must be treated as a discipline of applied linguistics to technology, not just as a digital customer service solution. Regionalization, often seen as an additional cost, is actually what allows for scale with relevance, avoiding bots that talk a lot but do not connect.

Adopting a multi-layered approach, combining regionally trained models, flexible flows, cultural curation, and local governance, is the most solid way to create truly multilingual and multicultural assistants. In a continent with over 600 million people, with similar languages but deeply different cultures, this is not just a technical difference; it is a market requirement.

Advancement of 6G and rise in cyberattacks enhance the role of AI in digital security

E-Commerce Update
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Advancement of 6G and rise in cyberattacks enhance the role of AI in digital security

Brazil mobilized R$17 billion in cybersecurity in 2024, according to a survey by Peers Consulting + Technology, a direct reflection of the escalation of digital crimes in the country. The projection is that by 2029, this market will reach nearly $4.5 billion, driven by the increasing demand for protection in increasingly complex digital environments.

The same study indicates that the country experiences around 140,000 cyberattacks per year, with the public sector being the main target, accounting for nearly 30% of the incidents. This significant volume of attacks keeps Brazil among the main targets of cyberattacks in Latin America.

And this scenario tends to worsen. The concern intensifies with the arrival of 6G, expected in 2030, which promises to connect billions of devices simultaneously in critical applications such as autonomous vehicles, smart cities, and remote surgeries. This new infrastructure will significantly expand the attack surface and will require robust advancements in digital protection to ensure data security and real-time operations.

"With 6G, the speed of information becomes exponential. And this also applies to cybercrime. The only way to respond to this new reality is with artificial intelligence operating in real time," says Ana Cerqueira, CRO of the Brazilian cybersecurity company ZenoX.

6G: speed, volume, and a new frontier of risk

The promise of 6G is to deliver ultra-fast connectivity, near-zero latency, and large-scale integration of smart objects, from cars to medical records. But this technological revolution carries with it the challenge of expanding the digital attack surface.

"Each new connection point is a potential new vulnerability. The 6G infrastructure expands the risk perimeter in an unprecedented way," says Ana Cerqueira. According to the executive, the response to this scenario requires threat intelligence platforms capable of continuously monitoring anomalous behaviors and identifying suspicious movements at an early stage.

With multiple devices connected at all times, protecting digital identities becomes a priority. 6G will bring more complex authentication contexts, requiring continuous monitoring of credentials, suspicious activities, and potential leaks."In the hyperconnected world, protecting identities is protecting the system itself. They become the new critical point of digital security," the executive points out.

AI shortens the gap between attack and response

One of the biggest challenges in cybersecurity is the response time. While attacks are launched in microseconds, the response from security teams often occurs minutes or hours later.

"Artificial intelligence allows for the automation of critical analyses and decisions. With it, we can drastically reduce the exposure window and act almost at the same pace as the attack," says Ana.

Today, there are already AI-based tools on the market that operate with risk algorithms that prioritize alerts based on real threats, avoiding overload on teams and increasing response accuracy.

Cybersecurity gains status as a strategic investment

The consolidation of digital security as a budget priority is evidence of a shift in mindset in the corporate sector. According to the same survey, cybersecurity investments are expected to grow by 9% in Brazil in 2025, and many companies plan to allocate between 4% and 7% of their Information Technology (IT) budgets to cybersecurity. This movement positions the sector as a driver of stability and business continuity in an increasingly regulated and data protection-conscious environment.

Faria Lima creates influential CEOs to increase revenue

E-Commerce Update
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Faria Lima creates influential CEOs to increase revenue

While the market faces economic uncertainties, Brazilian entrepreneurs are increasingly investing in a new currency of value: authority. In recent years, there has been a30% growth in demand for executive training, focusing on topics such as digital positioning, strategic marketing, and personal branding. The phenomenon gained even more strength with the popularization of social media as a business channel. Companies led by active CEOs in the media have40% more chances to attract investors and close major dealsThe trend, which until recently seemed confined to the glass offices of Faria Lima, is now spreading across the country and beginning to shape the profile of leaders of small and medium-sized businesses. Behind the scenes in retail, industry, and services, entrepreneurs are learning to sell themselves first, and only then, their solutions. This turning point has driven the corporate education market and transformed personal branding into a new pillar of business growth. The logic is simple: those who are seen are remembered.

At the forefront of this transformation is the corporate education market, which has been adapting to meet anew demand from Brazilian leadersMaster not only management and strategy but also storytelling and digital presence. The trend follows the increasing appreciation of the CEO's role as the communicator of the brand itself.According to a new, unprecedented survey by Group X, a business education hub, conducted with entrepreneurs from different regions of Brazil.41.7% seek training with the goal of stimulating innovation and market adaptationMeanwhile, topics such as personal branding, strategic marketing, and digital authority are gaining prominence among training priorities, with entrepreneurs seeking to position themselves more actively on social media and expand their influence beyond the operational boundaries of their businesses.

The impact of this movement is already evident in how entrepreneurs position themselves.Previously, the focus was solely on the operationToday, entrepreneurs understand that the way they communicate also directly influences the company's growth," says Jorge Kotz, CEO of Group X. The increase in demand for training focused on strategic marketing and personal branding reflects a broader shift in the profile of Brazilian entrepreneurs, who now see their own image as a lever for sales, reputation, and access to opportunities previously restricted to large brands. In this context, business education hubs emerge, such as Group X, which has structured specific training programs to meet this new demand. Instead of focusing solely on traditional management, the most sought-after programs today combine technical content with positioning and influence strategies, occupying a central role in the growth strategies of small and medium-sized businesses across the country.

70% of decoration sales come from millennial and Generation X women, says Giuliana Flores

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70% of decoration sales come from millennial and Generation X women, says Giuliana Flores

Giuliana Flores recorded a 30% increase in sales of decoration products between January and June 2025, mainly driven by women.millennialsand Generation X. According to a survey based on the purchasing profile of the brand's customers during this period, women between 30 and 55 years old, especially from the Southeast and South regions, have been increasingly investing in permanent arrangements, dried flowers, and vases with fresh plants to decorate the spaces. Representing 70% of purchases, this audience shows greater interest in items that combine aesthetics, well-being, and personality in home spaces.

Among the categories that stood out the most during the period are the permanent arrangements, such as preserved roses from the line.Home Decor, as well as scented candles, air freshener sprays, and vases with fresh flowers. Purchases took place both through e-commerce and in the brand's physical stores, reflecting consumers' interest in decorative solutions across different channels. The average ticket for these purchases ranged between R$ 200 and R$ 350, a value higher than the overall average ticket, which reinforces the premium nature and the added value proposition of these products.

To further boost sales, the company has been betting on special dates, taking advantage of the search for affectionate and personalized gifts. Among the main occasions that drove the segmentdecorthey are Valentine's Day, International Women's Day, and mainly, Mother's Day, which appears as the most prominent date for commerce after Christmas. During these times, interest in plants and decorative products grows, with consumers seeking options that combine beauty and meaning.

As part of its strategy to encourage the use of plants and related items in decoration, the brand invested in digital campaigns showcasing composition and ambiance ideas with its products. The company also strengthened content production on the blog and social media, with suggestions and combinations that inspire consumers to integrate bouquets and decorative items into different styles of environments.

"We have closely monitored the behavior of our consumers and have noticed a very clear trend: plants and decorative items have become part of their daily lives, not only on special occasions but also as elements to transform home environments. Therefore, in addition to expanding our lines with scented candles, air sprays, and kits that combine different products, we are heavily investing in content campaigns with themes such as 'Decorate your home with flowers.' Our goal is to inspire the audience to see floral arrangements as key pieces for the home and to offer solutions that combine beauty, well-being, and personality to the spaces," shares Clóvis Souza, founder and CEO of Giuliana Flores.

Fashion e-commerce can increase conversion by 32% with seasonal strategies, according to a Flowbiz survey.

E-Commerce Update
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Fashion e-commerce can increase conversion by 32% with seasonal strategies, according to a Flowbiz survey.

Retailers who adapt their fashion e-commerce marketing strategies for each collection convert up to 32% more than competitors with generic campaigns. The die is the main highlight of a new strategy guide released by theFlowbiz(old Mailbiz),CRM and automation specialist for online retail.

The survey indicates that, although launching a new collection is the moment with the greatest sales potential for a brand, many companies underutilize the opportunity by not adapting their communication and customer experience to this novelty, resulting in lower engagement and consequently, revenue.

The power of personalization and intelligent automation

To capitalize on the new trends, theFlowbiz Guidedetails a set of practical actions. The first recommendation is to personalize communication through intelligent customer segmentation, targeting offers based on purchase history and behavior. The effectiveness of this tactic is proven by data from the "CRM Report," another market study also conducted by the company, which shows that campaign segmentation can lead to an increase of up to 50% in email open rates.

Another key strategy discussed in the guide is journey automation, such as thecreation of welcome flows for new subscribersThe impact of this action on revenue is direct, with Flowbiz specialists indicating that stores implementing these flows record an increase in sales of up to 143%.

Communication channels and the customer experience

The material for fashion e-commerce also emphasizes the importance of renewing the "virtual storefront" with each collection, by updating banners and creating interactions that engage the customer. Additionally, the material recommends the strategic use of direct channels like WhatsApp for high-conversion tactics.

The strength of this channel for actions such as recovering abandoned carts, one of the suggested tactics, is validated by the CRM Report data: while the revenue recovery rate via email is 3.9%, when the approach includes WhatsApp,the index more than doubles, reaching 7.28%.

The email strategy, according to the guidelines, should focus on relevance, with the creation of thematic sections such as "New Collection News" and "Coordinated Looks," using images and videos that convey the atmosphere of the new pieces.

The data and strategies presented by Flowbiz indicate that, in an increasingly competitive fashion market, adapting communication to each new collection has become a crucial factor not only for engagement but also for the sales performance of the e-commerce.

Not using AI agents will leave you out of the sales game soon.

E-Commerce Update
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Not using AI agents will leave you out of the sales game soon.

While many still are unaware of or do not apply the use of Artificial Intelligence agents, those who already use them are making the sales cycle much more accurate and faster. To give an idea, a survey conducted with 2,000 Americans showed that 65% of them believe that AI knows their consumption habits as well as or better than their closest people, and 53% believe it knows their consumption habits as much as or even more than themselves, according to a study commissioned by UserTesting and conducted by OnePoll.

For campaigns and offers to be successful, AI agents are essential, although for many companies, especially B2B, the human at the end is indispensable to close the deal. The difference between the agents starts right at the identification; the technology analyzes large volumes of data to identify even the slightest behaviors of potential buyers. If you are a business owner, imagine having an employee available 24/7 generating leads, qualifying, personalizing approaches, contacting, and assisting with follow-up.

Everything starts with basic automation — the one you probably already know: capturing data to understand if the lead is within the target audience, personalizing approaches with more relevant messages, and scheduling meetings.

But the true differentiator goes beyond that: using AI to analyze large volumes of data, identify behavior patterns, and prioritize leads with the highest real chance of conversion. Thus, the sales team receives the right contacts at the right time — and the human at the front can focus on what they do best: closing deals.

In this new scenario, the sales team already accesses enriched databases to identify even the ideal timing to contact each prospect. AI ceases to be just a one-time resource—like customizing a message—and begins to act directly at the top of the funnel, analyzing interactions, behavioral signals, and qualifying leads through channels like WhatsApp, in a continuous and intelligent manner. "The result is a prospecting process that is increasingly less intuitive and more efficient. It is about connecting the purchase journey to the company's revenue goals," says Arthur Sorelli, CMO of Nuvia, an AI-powered sales intelligence platform.

Much is said about how AI can increase productivity by generating more leads than a human would be capable of. Little is discussed about its true power: driving conversion. The issue is not scheduling more meetings — it's scheduling the right meetings, those where the chance of closing a deal is very high," emphasizes Arthur Sorelli, who before co-founding Nuvia, served as Global Head of Marketing at Omnibees, in addition to stints at Unilever, LATAM Airlines, Rakuten, among others.

Currently, according to a McKinsey study, by the beginning of 2025, 72% of global B2B companies had already adopted at least one sales automation tool. In Brazil, a survey by RD Station shows that 58% of businesses that invested in marketing and sales automation managed to increase the generation of qualified opportunities in the past year.

The executive believes that as more companies adopt AI agents, the performance gap compared to those that do not use the technology will become increasingly evident. "The use will not be inevitable just because it is a current trend. But rather because, the more these agents are used, the smarter and more accurate they become — learning from each interaction, whether successful or not. The results will speak for themselves," says Arthur.

"Until when?" Gabriel O Pensador sues online stores for unauthorized use of music and raises awareness in e-commerce

E-Commerce Update
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"Until when?" Gabriel O Pensador sues online stores for unauthorized use of music and raises awareness in e-commerce

One of the biggest icons of national rap, singer and songwriter Gabriel O Pensador, filed a lawsuit in the Rio de Janeiro court against two of the country's main e-commerce platforms, Mercado Livre and Shopee, as well as seven other online stores. The dispute revolves around the unauthorized use of excerpts from the song"Until When"in products such as t-shirts, frames, and decorative items. Released in 1993, it became one of the most emblematic songs of Brazilian rap.

When a song becomes a hit and captures the popular imagination, it is common for entrepreneurs to see it as an opportunity to profit. However, this movement does not always respect the copyright and image rights of the artists. That is precisely where the legal risks arise and the warning point for those who trade without authorization.

According toLuiz Fernando Plastino, lawyer at Barcellos Tucunduva Advogados (BTLAW) and specialist in Intellectual PropertyThe Copyright Law prohibits the use of intellectual works, except with authorization or in specific situations, called limitations of copyright, where the use is not an infringement. "The reproduction of excerpts from a song in products may be prohibited by law if the reproduction is not limited to small excerpts and as long as it is not the main attribute of the product nor causes unjustified harm to the author or owner of the music," explains.

In the view ofKevin de Sousa, civil lawyer and master in Personality Law, Partner at Sousa & Rosa Advogados law firmThe legal protection of the Brazilian artist is theoretically solid but practically challenging, combining Article 20 of the Civil Code – which protects image and honor – with the moral rights of Article 24 of Law 9.610/98, creating a double shield.

"I see three fundamental pillars here: first, the right to the integrity of the work, which prevents its distortion; second, the right of authorship, ensuring recognition of authorship; third, protection against unauthorized commercial use that distorts the original context," he argues.

Furthermore, the misuse of artistic works, such as that of the rapper, goes beyond the financial aspect. "Particularly relevant in the case of Gabriel O Pensador, when a social protest work becomes a t-shirt print without context, it affects not only the artist's pocket but also his creative identity and political message," defends the lawyer.

Accountability of platforms

The Supreme Federal Court (STF) recently decided that digital platforms, such as marketplaces, can be held responsible for illegal content posted by third parties, even without a court decision, depending on the case. This decision changes the previous understanding, according to which these companies could only be held responsible if they disobeyed a court order. Now, the Supreme Federal Court understands that this rule is not sufficient to protect people's rights on the internet, especially in more serious situations.

"Furthermore, if the platform is notified and takes no action, or if it is profiting from these products, directly or indirectly, it can be held responsible for the damages caused to the artist," it warns.Victória Dias, lawyer at Ambiel Bonilha Advogados and specialist in Entertainment Law and Intellectual Property.

"The Supreme Court also made it clear that platforms need to have moderation rules, effective reporting channels, and transparency reports. If they lack these mechanisms, it also counts against them in the event of accountability," the lawyer adds.

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