A responsabilidade civil no tratamento de dados pessoais de consumidores nos contratos de e-commerce à luz da Lei Geral de Proteção de Dados (Lei n. 13.709/2018)

Abstract

The main purpose of this study was to elucidate the way in which civil liability derives from the processing of personal data in e-commerce’s consumer contracts, based on the General Law on Data Protection (GLDP), leading to questions essential to the understanding of legal protection of personal data, its treatment and the numerous infringements of rights to the holders. This is a monograph, derived from the analysis of the provisions of Law no 13,709/ 2018 and a bibliographical research, developed through the reading of books, scientific articles and news published in mass media, used to reiterate the relevance of this topic to the present. In this research, the consumer's situation in electronic commerce was investigated, starting from the contextual analysis of information technologies and their social, political and economic impacts. The main forms of data processing, as well as the fundamental rights violated by these practices, were also illustrated. Then, the issue of the Right to Privacy and the situational vulnerability of the consumer opposite information technologies was portrayed. Therefore, it was sought to elucidate the indispensability of the legal protection of data, brushing how it was developed, making it possible to point out the main sources of influence for the construction of specific national legislation on this area. Subsequently, the most basic aspects of the General Data Protection Law were verified, highlighting its innovative character. Finally, the importance of the civil liability institute for e-commerce was shown, by means of the analysis of the GLPD provisions related to this subject, so that a necessary combination of factors has been demonstrated, such as: the National Authority for the Protection of Data (ANPD); the obedience to the diverse legislative and principles sources and the cultural adequacy of the companies and agents of treatment in order to give effectiveness to the recently inaugurated general regime of Brazilian data protection.