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This guide explains the main legal issues people and businesses face when selling, buying, or operating online in Pompeu, a municipality in the state of Minas Gerais, Brazil. E-commerce and internet law in Pompeu is shaped largely by federal legislation that applies across Brazil, by state rules from Minas Gerais, and by municipal practices such as business licensing and local tax collection. Local courts, consumer protection agencies, and tax authorities enforce those rules at the city and state level.
Key themes in this area include consumer protection for online purchases, personal data protection, rules about internet service provider responsibilities and content, electronic contracting and signatures, taxation of online transactions, and criminal liability for cyber offenses. Whether you are a small local shop selling through social media, a marketplace operator, or a buyer with a consumer complaint, an understanding of these topics will help you identify when to get legal help.
Online activity can create complex legal problems that mix federal law, state regulations, and municipal requirements. You may need a lawyer in the following common situations:
- Drafting or reviewing terms of use, privacy policies, and contracts with suppliers, platforms, or logistics providers to ensure compliance with the General Data Protection Law - LGPD and consumer law.
- Responding to a consumer complaint, administrative proceeding, or fine from a consumer protection agency such as PROCON or the public consumer defense body in Minas Gerais.
- Handling a data breach or personal data incident - lawyers can advise on notification duties, mitigation steps, and communications to the Autoridade Nacional de Protecao de Dados - ANPD.
- Defending or pursuing claims in local courts or consumer tribunals, including small claims in the Juizado Especial Civel and actions in the Forum of Pompeu or the Courts of Minas Gerais.
- Dealing with tax issues - for example classification of sales for ICMS and ISS, registration obligations with the Secretaria da Fazenda do Estado de Minas Gerais, and municipal tax licensing in Pompeu.
- Resolving intellectual property disputes such as domain name conflicts, copyright claims against content, and brand protection for online stores.
- Addressing cybercrime allegations or pursuing claims under criminal statutes for hacking, fraud, or online harassment, including rules introduced by Law No. 12.737/2012 that criminalize unauthorized access to electronic devices.
- Structuring an online business - choosing the right corporate form, registering with JUCEMG if applicable, and ensuring compliance with electronic signature rules.
The following is a summary of the main legal instruments and local considerations relevant to e-commerce and internet law in Pompeu.
- Marco Civil da Internet - Law No. 12.965/2014: Establishes principles, guarantees, rights and duties for internet use in Brazil. It sets rules on net neutrality, intermediary liability, and protection of user privacy and personal data. Service providers and platforms must follow notice-and-takedown procedures and keep certain records when required by judicial order.
- Lei Geral de Protecao de Dados - LGPD - Law No. 13.709/2018: Regulates processing of personal data, including consent, data subject rights, data protection impact assessments, and obligations for controllers and processors. The ANPD enforces LGPD and issues guidance. Companies operating in Pompeu must implement privacy policies, security controls and incident response plans aligned with the LGPD.
- Consumer Protection Code - Codigo de Defesa do Consumidor - Law No. 8.078/1990: Applies to online sales to consumers. Important obligations include clear information about products and services, transparent pricing, delivery times, right of withdrawal and returns, and liability for defective products or misleading advertising. Online businesses must comply with consumer rights and may be subject to actions by PROCON or municipal consumer defense bodies.
- Criminal Law applicable to cyber offenses: Law No. 12.737/2012, known informally as the Carolina Dieckmann law, criminalizes unauthorized access to devices and other computer-related crimes. Criminal statutes and procedural rules apply where online conduct rises to fraud, theft, harassment or data breaches.
- Electronic signatures and contract validity: Brazilian law recognizes electronic signatures in many contexts, including provisions updated by Law No. 14.063/2020 that clarify use of electronic signatures in public administration and private contracts. For some specific acts, notarization or special formalities may still be required.
- Taxation - ICMS, ISS and municipal obligations: Sales of tangible goods across state lines often trigger ICMS collection under state rules. Services, including certain digital services, can be subject to ISS charged by municipalities. Pompeu may require local business registration, municipal tax registration and appropriate invoicing - nota fiscal eletrônica - for taxable transactions. Tax treatment of marketplace operations and digital products can be complex and often requires specialist advice.
- Local enforcement and dispute resolution: Consumer complaints may be handled at PROCON-MG or municipal bodies. Small value civil claims are commonly brought at the Juizado Especial Civel. More complex disputes can reach state courts in Minas Gerais. The local Forum of Pompeu is the primary judicial venue for municipal-level cases.
Yes. If you collect personal data from customers - names, emails, addresses, payment details - you must comply with the LGPD. A privacy policy that explains what data you collect, why you collect it, how long you keep it, who you share it with, and how users exercise their rights is strongly recommended. The policy should be easily accessible on your website or app and written in clear language.
The Consumer Protection Code grants a right of withdrawal for distance contracts. For many purchases made online, consumers have a period to change their minds - typically seven business days counting from delivery - and can return the product for a full refund if they exercise this right properly. Sellers must provide clear return instructions, bear return shipping costs in some cases, and process refunds promptly. Specific conditions can vary depending on product type and contract terms.
Taxation depends on the nature of the sale. Sales of goods are usually subject to ICMS under state rules; services may be subject to ISS charged by the municipality. You must issue appropriate invoices and register with municipal and state tax authorities. Selling through marketplaces can create additional responsibilities for tax collection and reporting. Consult an accountant or tax lawyer familiar with e-commerce taxation in Minas Gerais and with municipal procedures in Pompeu.
Take immediate steps to contain the breach, preserve evidence, and assess scope and impact. Notify affected data subjects when the breach presents a risk to their rights, and report to the ANPD if required. Document actions taken and consider hiring a lawyer experienced in LGPD compliance to guide legal obligations, coordinate communications, and mitigate regulatory risk and potential civil claims.
Yes, electronic signatures are generally recognized in Brazil and can be used for many contracts and business processes. Law No. 14.063/2020 clarifies the validity of various types of electronic signatures. However, certain acts may still require handwritten signatures or specific formalities. Determine ahead which transactions need higher levels of signature assurance and ensure your signature solution meets legal and business needs.
Marketplaces can have shared liability under consumer law and court decisions. Depending on the circumstances, consumers may be able to hold the marketplace responsible for defective products, delivery failures or misleading information. Platforms should adopt clear rules for sellers, dispute-handling procedures, and mechanisms to comply with consumer rights and applicable tax rules.
Begin with the seller - keep evidence of communications. If unresolved, file a complaint with PROCON-MG or the local municipal consumer protection office. For low-value claims, consider the Juizado Especial Civel. In cases involving serious legal or regulatory breaches, a lawyer can help evaluate administrative or judicial options in the Forum of Pompeu or state courts.
Intermediary liability is limited but not absolute. The Marco Civil da Internet provides certain protections for intermediaries that act as mere conduits, but if you host illegal content and fail to act on proper notice or a court order, you could face liability. Platforms should implement complaint and takedown policies, preserve required records, and respond to lawful orders promptly. Consulting a lawyer about content moderation and procedural safeguards is important.
You will generally need to choose a business entity, register with the Junta Comercial do Estado de Minas Gerais or as a municipal microempreendedor individual if appropriate, obtain a CNPJ with the Receita Federal, register with the municipal tax office in Pompeu for business licensing and ISS if applicable, and comply with state fiscal obligations for ICMS when selling goods. An accountant or business lawyer can guide you through registration, licensing and invoicing requirements.
Costs vary by complexity. Simple consultations, template drafting or consumer dispute responses may be charged at an hourly rate or fixed fee. Litigation, data breach responses or complex compliance projects typically cost more and can involve retainers. Ask prospective lawyers for a clear fee estimate, scope of services, and billing terms before engagement. For small disputes, administrative remedies or consumer mediation can be lower-cost alternatives.
The following Portuguese-language bodies and organizations provide information, guidance or enforcement related to e-commerce and internet law in Pompeu and across Brazil:
- Autoridade Nacional de Protecao de Dados - ANPD - national regulator for data protection and LGPD guidance.
- Ministério da Justica - Departamento de Protecao e Defesa do Consumidor - national consumer policy and guidance on e-commerce.
- PROCON-MG - consumer protection agency in Minas Gerais - assistance and complaint handling for consumers.
- Secretaria de Estado de Fazenda de Minas Gerais - state tax authority with rules on ICMS and fiscal obligations for online sales.
- Prefeitura Municipal de Pompeu - municipal secretariat responsible for business licensing, ISS and local tax procedures.
- Junta Comercial do Estado de Minas Gerais - JUCEMG - business registration and corporate filings.
- Receita Federal do Brasil - federal tax registration and obligations including CNPJ and electronic invoicing routines.
- Forum of Pompeu - local court for civil matters; Juizado Especial Civel handles small claims.
- SEBRAE Minas - support for small businesses and training on e-commerce best practices and formalization.
If you need legal assistance with an e-commerce or internet law matter in Pompeu, follow these practical steps:
- Collect documentation: gather contracts, screenshots, emails, invoices, privacy policies, notifications, and any records of communications related to your issue.
- Identify the issue type: is it consumer related, data protection, tax, IP, or criminal? This helps you find a lawyer with the right specialization.
- Seek a local specialist: look for attorneys or firms experienced in e-commerce, internet law, data protection and tax matters in Minas Gerais. Local knowledge of Pompeu municipal procedures and the Forum of Pompeu is valuable.
- Prepare for the first meeting: prepare a clear summary of facts, objectives, timeline and a list of questions. Ask about fees, expected timelines and possible outcomes.
- Consider administrative remedies first: for consumer disputes, file complaints with PROCON or pursue conciliation. For small claims, examine the Juizado Especial Civel process.
- Implement compliance measures: while resolving disputes, start or improve compliance with LGPD, the Consumer Protection Code and tax obligations to reduce future risk.
- Keep records and follow advice: document steps you take and follow your lawyer's guidance on communications, evidence preservation and procedural deadlines.
Legal matters involving e-commerce often benefit from prompt action and specialised advice. Consulting a qualified lawyer early can limit exposure to fines, litigation and reputational harm while helping you keep your online operations lawful and scalable.
