Best E-commerce & Internet Law Lawyers in Palhoca

About E-commerce & Internet Law Law in Palhoca, Brazil

E-commerce and Internet Law in Palhoca operates under Brazil's federal legal framework, complemented by state and municipal rules that affect how online businesses are formed, taxed, and policed. Key nationwide statutes include the Consumer Defense Code, the E-commerce Decree on online sales practices, the Brazilian Internet Bill of Rights known as the Marco Civil da Internet, and the General Data Protection Law known as the LGPD. These laws set standards for consumer protection, privacy and data protection, platform liability, online advertising, and security. In Santa Catarina and in the municipality of Palhoca, businesses must also comply with state ICMS rules for goods, municipal ISS rules for services and digital services, and local licensing and invoicing requirements.

Whether you run a marketplace, sell through your own website, provide software or digital services, or operate as an influencer or online advertiser, these overlapping rules shape daily operations such as how you present offers, process payments, handle returns, collect and use personal data, work with vendors, and respond to complaints or incidents.

Why You May Need a Lawyer

Launching or scaling an online operation raises multiple legal questions at once. A lawyer can help you choose the right legal structure, register your activity with tax authorities, draft compliant terms and policies, and set up proper contracts with suppliers, marketplaces, payment processors, and logistics providers.

Common reasons to seek legal help include structuring a marketplace or dropshipping model; complying with the E-commerce Decree's information and support duties; preparing consumer-friendly and compliant return and refund workflows; designing privacy notices, cookie practices, and data-processing agreements under the LGPD; responding to data breaches and ANPD inquiries; resolving chargebacks and fraud disputes; handling influencer and advertising disclosures; protecting trademarks, software, and content; managing platform takedowns and defamation claims; negotiating cloud, SaaS, and fintech agreements; addressing cross-border sales and data transfers; and dealing with tax questions such as ICMS on goods and ISS on services and software.

If a dispute arises with a customer, vendor, competitor, or regulator such as Procon or the ANPD, counsel can assess risk, negotiate solutions, and represent you in administrative and judicial proceedings in Santa Catarina or elsewhere in Brazil.

Local Laws Overview

Consumer protection rules apply strongly to distance sales. The Consumer Defense Code and the E-commerce Decree require clear pre-contract information such as company identification including CNPJ and address, full pricing with fees and shipping, key product or service characteristics, delivery times, and accessible customer service. Consumers generally have a 7-day right of regret for online purchases, with full refund upon return, counting from receipt or from the contract date for services.

Privacy and data protection are governed by the LGPD, which sets legal bases for processing, transparency obligations, data subject rights such as access and deletion, security measures, vendor due diligence, and rules for international data transfers. The National Data Protection Authority known as the ANPD oversees compliance and can impose administrative sanctions. Many e-commerce and adtech activities require a lawful basis such as consent or legitimate interest and clear notice about cookies and tracking.

The Marco Civil da Internet defines civil rights and duties online, including net neutrality principles, privacy rules, and log retention. Connection providers must retain connection logs for 1 year and application providers must keep access logs for 6 months, safeguarding them securely and disclosing them under legal process. Liability rules for user-generated content generally require court orders for takedowns except in specific situations defined by law.

Advertising and influencer marketing must be truthful and transparent under the Consumer Defense Code and are subject to self-regulation by CONAR. Disclosures of paid partnerships and sponsored content are expected, and child-directed advertising has heightened restrictions.

Taxation depends on what you sell and where the consumer is. Goods are generally subject to state ICMS including interstate DIFAL rules, administered in Santa Catarina by the State Finance Secretariat. Services including many software and digital services are generally subject to municipal ISS. After Supreme Court decisions in 2021, software licensing and downloads are typically taxed by ISS rather than ICMS. E-commerce businesses must issue electronic invoices such as NF-e for goods and NFS-e for services and register properly with tax authorities. Palhoca businesses must comply with municipal registration and invoicing rules for ISS when applicable.

Intellectual property protection includes trademarks at the National Institute of Industrial Property, copyrights under the Copyright Law, and software protection under the Software Law. Online sellers should secure trademarks, respect third-party IP, and have notice-and-takedown workflows for infringing listings or content.

Cybersecurity and cybercrime are addressed by the Penal Code and specific laws such as the so-called Carolina Dieckmann Law. Companies should adopt reasonable security measures, incident response plans, and vendor controls. Victims can report incidents to the Polícia Civil in Santa Catarina which has specialized cybercrime units.

Frequently Asked Questions

What information must an online store display to comply with the E-commerce Decree?

You must display your legal name, CNPJ, physical address, and contact details, provide clear total pricing including shipping and fees, inform delivery times and conditions, present essential product or service characteristics, and offer an accessible service and complaint channel. You must also provide a straightforward process for contract confirmation, cancellation, and refunds.

How does the 7-day right of regret work for online purchases?

For distance sales, consumers may withdraw from the purchase within 7 days from receipt of the product or from contract execution for services. You must refund amounts paid including freight, and the consumer returns the product. Your policies should make this process easy and visible.

Do I need consent for cookies under the LGPD?

The LGPD requires a lawful basis for processing personal data. Non-essential cookies and trackers often rely on consent, while strictly necessary cookies may rely on legitimate interest or contract performance. You should provide a clear cookie notice, granular choices where appropriate, and an accessible privacy notice explaining purposes, sharing, and rights.

What logs must an e-commerce platform keep and for how long?

Under the Marco Civil da Internet, application providers must retain user access logs such as date, time, and IP address for 6 months, and connection providers must keep connection logs for 1 year. Logs must be stored securely and disclosed only under the law.

Are marketplaces liable for third-party sellers under Brazilian law?

Consumer protection rules can impose joint liability when the marketplace is part of the supply chain or fails to provide adequate information and support. Courts may hold marketplaces responsible for defective products, misleading ads, or failure to address complaints. Clear vetting, seller terms, takedown procedures, and customer service help mitigate risk.

How are digital products and software taxed?

Following Supreme Court rulings, software licensing and downloads are generally subject to municipal ISS rather than ICMS. Bundled offerings or hardware plus software require careful analysis. Always align invoicing and tax codes with your accountant and local counsel, especially for cross-state or cross-border transactions.

What should my privacy notice include to comply with the LGPD?

State who you are and how to contact your DPO or contact person, list what data you collect, why you collect it, your legal bases, sharing with third parties including processors and international transfers, retention periods, security practices, data subject rights and how to exercise them, and how to complain to the ANPD. Keep the notice clear and accessible.

Can I use influencer marketing without special disclosures?

No. Sponsored content must be clearly identified so consumers can recognize advertising. Influencers and brands should include clear labels and ensure claims are truthful, not misleading, and evidence-based. Marketing to children requires extra caution and restrictions under the Consumer Defense Code and CONAR standards.

What should I do after a data breach?

Activate your incident response plan, contain and assess the breach, document facts, and evaluate risks to data subjects. Depending on risk, notify the ANPD and affected individuals with required information. Review contracts with processors, preserve evidence, and implement corrective measures. Counsel can guide notification content and timing.

What registrations do I need to sell online from Palhoca?

Most businesses will need a CNPJ, state registration for ICMS when selling goods, municipal registration for ISS when providing services, appropriate business licenses, and the ability to issue NF-e or NFS-e. Marketplaces and payment operations may need additional regulatory reviews. Local accountants and lawyers can align registrations to your specific model.

Additional Resources

Autoridade Nacional de Protecao de Dados known as ANPD for data protection guidance and sanctions. Secretaria Nacional do Consumidor known as Senacon for consumer policy and enforcement. Procon Santa Catarina and the municipal Procon Palhoca for consumer complaints and mediation. Secretaria de Estado da Fazenda de Santa Catarina for ICMS and state tax compliance. Prefeitura de Palhoca for municipal business licensing and ISS rules including NFS-e procedures. Receita Federal do Brasil for federal registrations and electronic invoicing frameworks. NIC.br and Registro.br for domain registrations and CERT.br for incident response best practices. Instituto Nacional da Propriedade Industrial known as INPI for trademarks and patents. Conselho Nacional de Autorregulacao Publicitaria known as CONAR for advertising self-regulation. Policia Civil de Santa Catarina cybercrime units for reporting cyber incidents. Ministerio Publico de Santa Catarina for public interest and consumer matters.

Next Steps

Map your business model and data flows. Identify what you sell goods, services, software, or a marketplace, where your customers are located, and what data you collect and share. This clarifies which rules apply and which authorities oversee you.

Assemble key documents. Gather corporate registrations, tax IDs, licenses, vendor and payment agreements, your current terms of use, privacy and cookie notices, return policies, advertising briefs, and security policies. Inventory your processors such as cloud, CRM, analytics, and adtech providers.

Close compliance gaps. Update website disclosures to meet the E-commerce Decree, align returns and refunds to the Consumer Defense Code, implement a privacy notice and cookie practices under the LGPD, execute data-processing agreements with vendors, and adopt reasonable security measures and incident response plans. Ensure you can issue the correct electronic invoices and report taxes properly in Santa Catarina and Palhoca.

Plan governance. Assign a privacy contact or DPO, train staff on customer care and data handling, define takedown and complaint workflows, and document policies for influencers and advertising. Keep records to demonstrate compliance to Procon, the ANPD, or tax authorities.

Consult a local lawyer. An attorney experienced in e-commerce, privacy, and consumer law in Santa Catarina can review your documents, tailor terms and policies, analyze tax impacts such as ICMS and ISS, and prepare you for audits and disputes. If you face an incident, a complaint, or litigation, seek counsel promptly to protect your position.

This guide is for general information only and is not legal advice. For advice on your specific situation in Palhoca, speak with a qualified Brazilian lawyer or legal team.