Brazil sanctioned the Mercosur Electronic Commerce Agreement last Monday, the 24th, which had been signed in 2021. This initiative aims to establish guidelines to reduce barriers in digital transactions conducted between Brazil, Argentina, Paraguay, and Uruguay.
Among the established norms, the prohibition of customs duties on electronic operations stands out. Furthermore, the agreement addresses crucial topics such as data protection, cybersecurity, and the legal validity of digital signatures.
Decree No. 13,104, published in the Official Gazette of the Union, formalizes the inclusion of this agreement into Brazilian legislation. The general objective is to simplify digital commerce and clarify the rules governing electronic activities within the economic bloc.
The signatory governments also commit to avoiding any measure that could impose unjustified restrictions on virtual activities. Electronic signatures issued in Mercosur countries will receive recognition of legal validity, which should boost cross-border business.
The protection of user information is a central point of the new regulations. Countries must implement laws and administrative procedures designed to protect personal data used in electronic commerce.
The agreement allows for the international movement of information essential for commercial activities, provided that each nation's data protection standards are observed. There is also a limitation imposed on foreign companies: in principle, they cannot be forced to maintain servers or data storage locations in a specific territory solely to operate locally.
Another issue addressed is the sending of electronic communications without the recipient's prior consent. Countries must create mechanisms that allow the user to cease receiving these types of messages.
The cooperation provided for in the agreement covers cybersecurity, consumer defense, e-government, and the exchange of data related to digital commerce regulation and statistics. The rules will be subject to biennial review to keep pace with technological developments and international debates on electronic commerce.
With the promulgation, Brazil concludes its internal process of adopting the agreement. The rules come into effect in the country according to Mercosur guidelines and current national legislation.