Digital law for companies
E-commerce, terms of use, electronic contracts, digital evidence and compliance with the Brazilian Internet Framework (Marco Civil, Law 12.965/2014). In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsA digital company operates under its own set of rules: CDC for the online consumer, the Internet Framework (Lei 12.965/2014) for platform and intermediary liability, LGPD for data — and contract law applied to terms of use, electronic contracts and digital evidence. Each demands its own compliance adaptation.
The fronts of the digital operation.
- Terms of use and policiesTerms of use, privacy policy and cookie policy drafted for the real operation — not a generic template that does not survive a dispute.
- Electronic contractsValidity, form and proof of electronically signed contracts — clickwrap, e-signature and the records that sustain the evidence.
- Platform liabilityThe Internet Framework and intermediary liability: content removal, record retention and the balance between operation and legal obligation.
- Digital evidenceValidity and production of electronic evidence: logs, e-mails, messages, notarized content records and the chain of custody behind them.
- E-commerce and digital CDCRight of withdrawal, pre-contractual information and online sales practices under the CDC — coordinated with consumer defense.
- LGPD complianceData processing in the digital operation — the compliance project is covered on the LGPD for companies page.
- Software and licensingDevelopment agreements, software licenses, SaaS and code protection — including the border with patents.
Terms of use and digital evidence are what is tested when the dispute arrives.
The generic terms of use fail at decision time: an invalid forum-selection clause, consent that was not captured with proof, an obligation the platform assumed without noticing. The document must be born from the real operation — how the service works, what the user accepts and how that is recorded.
Digital evidence has its own rules: logs with reliable timestamps, notarized content records or equivalent registration, documented chain of custody and the care not to produce unlawful evidence (interception, unauthorized access). The evidence that resolves the dispute is the one produced correctly.
The Internet Framework balances operation and obligation: as a rule the intermediary is not liable for third-party content before a court order — but is liable for not removing it in specific cases, and is always liable for its own conduct. Designing moderation, record retention and response to court orders is operational and legal at once.
E-commerce has its own CDC requirements: clear pre-contractual information, a 7-day right of withdrawal for off-premises purchases, and offer and fulfillment rules. Compliance is cheap; the portfolio of PROCON complaints from systematic non-compliance is the cost of lacking it — see consumer defense.
How we run the case.
- Map the digital operationHow the service works, what the user accepts, which data it processes and what evidence it generates.
- Adapt documents and practicesTerms, policies and commercial practices aligned with the real operation and the law.
- Organize digital evidenceLogs, records and chain of custody — evidence built before the dispute.
- Defend when the dispute arrivesContest with valid digital evidence and documented commercial practice.
What to bring to the first conversation.
Documents that speed up the review
The operation's documentation — terms, logs, policies — is what sustains the company's position when the dispute arrives.
- Current terms of use and policies
- Contracting and consent flow
- Operational logs and records
- Signed electronic contracts
- Content moderation and removal documents
- User service procedures
- History of disputes and complaints
- Development and licensing contracts
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner responsible for the corporate practice (OAB/SP 344.334). Postgraduate in Corporate Law (FGV), he works on company formation and restructuring, shareholder agreements, contracts and succession planning. Member of AASP and AIPLA. Fluent in English.
Meet Renato FalchetCommon questions.
Do website terms of use have legal force?
Yes — provided the user's consent is captured and recorded with proof (active acceptance, log with date and version of the terms). A generic document the user never actually saw may not be enforceable against them in a dispute.
Is a contract signed by e-mail or click valid?
Yes — electronic form is valid; what is debated is proof of who accepted and what they accepted. E-signature with a certificate has its own force; clickwrap depends on logs and evidence that the user had access to the terms before accepting.
Is the platform liable for user content?
As a rule, the intermediary is only liable for third-party content after a specific court order — but there are exceptions (intimate content, for example) and the platform is always liable for its own conduct: poor moderation, breach of its own policy, badly kept data.
Does a screenshot work as evidence?
As a weak indication — robust digital evidence is the timestamped log, the notarized content record or an equivalent registration preserving authenticity and integrity. An isolated screenshot is easily challenged.
Does e-commerce have its own rules?
Yes — the CDC governs online sales: clear pre-contractual information, 7-day right of withdrawal, offer and delivery rules. The Internet Framework and LGPD complete the picture on data and liability.
Do I need separate LGPD policy and terms of use?
They are distinct documents with different functions: terms of use govern the contractual relation with the user; the privacy policy informs data processing under LGPD. Both must exist, be coherent and have consent recorded when the law requires.
Does the digital operation have documents that survive a dispute?
Send the current terms and contracting flow: we review the operation's legal compliance and the digital-evidence portfolio, with a written proposal.