BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados
1. Digital Economy 1.1 Key Challenges
entrepreneurship in Brazil and leveraging the modernisation of the business environment. • Transportation apps: Law No 13,640/2018 regulates the operation of paid private individ - ual passenger transportation in Brazil. • Data protection ‒ The General Data Protec - tion Act ( Lei Geral de Proteção de Dados or LGPD; Law No 13,709/2018) establishes that the processed data of individuals must be used in compliance with the law. • Financial technology: Fintechs became regu - lated in 2018 through Brazilian Central Bank (BCB) Resolution No 4,656/2018. This resolu - tion was revoked, but fintechs remain regulat - ed by other resolutions and BCB regulations, such as National Monetary Council ( Conselho Monetário Nacional CMN) Resolution No 5,050/2022. • Internet: The Brazilian Internet Act (Law No 12,965/2014) regulates the use of the internet in Brazil, providing principles, guarantees, rights and duties for those who use the inter - net, as well as guidelines for state action. • E-commerce: Decree No 7,962/2013, known as the “E-commerce Law”, regulates the Consumer Protection Code in relation to e-commerce; this law contains specific provi - sions about transactions conducted between an online store and consumers. • Electronic signatures: Provisional Measure No 2,200-2/2001 regulates the use of electronic signatures in Brazil, establishing the Brazilian Public Key Infrastructure ( Infraestrutura de Chaves Públicas Brasileira ICP-Brazil), and Law No 14,603/2020 classifies signatures into simple electronic signature, advanced electronic signature and qualified electronic signature categories. • Software: Law No 9,609/1998 regulates soft - ware protection and commercialisation, and stipulates rights and duties regarding its use.
The digital economy in Brazil is characterised by billions of daily online connections among peo - ple, companies, devices, pieces of data and pro - cesses. Technological evolutions have changed the way society interacts and consumes prod - ucts and services. The speed at which technol - ogy impacts business models and industries means that governments and society need to be brought up to date much faster. There is a need for the legislature to move as quickly as the digital economy, as companies often need opinions and solutions that are not regulated in Brazil. Brazil has been moving towards adequate reg - ulation of several digital economy services, as illustrated by the following examples. • Artificial intelligence (AI): Bill No 21/2020 proposes regulating the development and use of AI in Brazil. In addition, Bill No 2,338/2023 provides for the use of AI, considering the development, promotion and ethical and responsible use of AI, with humans assuming the central role. This latter bill has recently been approved by the Senate and is now being analysed by the House of Representa - tives. • Telemedicine: Law 8,080/1990 was modi - fied during the COVID-19 pandemic by Law 14,510/2022, which covers telemedicine ser - vices. In view of the efficiency of this modal - ity, in May 2022, Brazilian Federal Council of Medicine ( Conselho Federal de Medicina CFM) Resolution No 2,314/2022 was pub - lished to regulate telemedicine. • Start-ups: Complementary Law No 182/2021, also known as the Legal Framework for Start-ups, is aimed at improving innovative
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