A proteção de dados nas relações de consumo: análise comparativa entre Brasil e China

Abstract

Consumer law is one of the legal areas that has evolved and developed the most recently, mainly due to the expansion of virtual commerce and the increase in trade between countries in the world. In this sense, considering that Brazil and China have great prominence in the international scenario in the consumer sphere, this article was developed to analyze data protection in the consumer relations of the referred countries, in order to demonstrate their evolution, particularities and convergences. For this, through descriptive-analytical research, exploratory and bibliographic, of a pure nature and qualitative approach, the legislative scope that deals with data protection in the scope of Consumer Law in Brazil and in China, thus presenting the main similarities and differences between the standards of these countries. From the study, it was found that in Brazil the main rule that provides for data protection is Law No. 13,709, of August 14, 2018, known as the General Law for the Protection of Personal Data (LGPD), which has numerous similarities of consumer rights, especially with regard to the characterization of the data subject as under-sufficient, as occurs in the consumerist relationship guided by the Consumer Protection Code (Law No. 8,078, of 1990). In China, in turn, it was found that, in legislative terms, the country has undergone numerous regulatory changes in order to meet the demands for specific regulations and adequate to solve problems resulting from consumer relations, however, with the advent of the New Chinese Civil Code, the topic of data protection was dealt with in a specific chapter that provides in its entirety about the privacy and protection of personal information, the content of which has several points in common and also divergent in relation to the Brazilian Data Protection Law.