sexta-feira, 27 de junho de 2014

Mandatory changes to Internet User Agreements in Brazil

Brazil internet law has come into effect. Just the other day.  You may find the bilingual text here (from 
The Geneva Internet Platform).

Any internet company, any company that distributes software or apps,  and basically any company that has a web page that can be used by Brazilians, will be forced to adapt its User Agreements and privacy policies to the new law. 

The government is expected to publish a decree detailing the expected changed. But, from the text of the bill, we can make some assumptions. 

This will be a very short list. You will find more detailed comments at

i) Terms of Use offered to a broad public will automatically be subject to Brazilian consumer protection rules;
i.a) privacy protection rules shold always follow Brazilian law, whenever the access is made from Brazil (but not when a Brazilian access the website from abroad);
ii) It is mandatory to offer Brazilian forum as one of the options for litigation forum (it is not clear if this prevents arbitraitons, or if arbitration must be placed in Brazil);
iii) You can't sell user information to data collection companies or for publicity purposes, unless there is express and specific approval from the user;
iv) agreements shoul be made through special entities, detached from the main group, in order to avoid fines applicable to any company of the group;
v) sharing user's emails or other information with security agencies from other countries, without prior authorization from Brazilian courts, becomes illegal;
vi) permanent exclusion of all user's information should be allowed, upon request;
vii) companies must be ready to provide basic info on the user to criminal prosecutor, even in the absence of a court decision (the constitutionality of this provision is disbutable);
viii) user agreement must be written in easy and accessible language (it is not clear if it means clear Portuguese or if a clear English text will do). 

Please read my other posts on this matter:

Practical problems with the new Brazilian internet law (Marco Civil da Internet) - 1

I will keep you posted as the subject develops. 

Nenhum comentário:

Postar um comentário

Do you have any doubts or suggestions? Leave your message (the comments shall not be considered as legal advice)