Black Friday generated over R$ 7 billion in Brazilian e-commerce in 2024, a landscape of opportunities, but also legal risks for companies that fail to prepare adequately.
The significant surge in sales during Black Friday demands heightened attention, as the pressure to offer aggressive discounts and special conditions can lead to commercial practices that, without proper care, result in fines and lawsuits. Below, we outline the key points of attention to ensure your company is prepared and avoids surprises.
1. Advertising and Offers: All commercial communications must be clear, precise, and truthful. The company is responsible for any discrepancies between what is advertised and what is actually delivered. Promotions must indicate the previous price and the actual discount percentage, in accordance with the Consumer Defense Code (CDC) and the guidelines of the National Council of Self-Regulation in Advertising (CONAR).
2. Exchange and Return Policy: It is essential that terms are made available transparently on the website or at the point of sale, observing the right of withdrawal for online purchases — seven days, without the need for justification. Errors in this area are frequently the target of post-Black Friday complaints.
3. Inventory Management and Delivery Deadlines: Product offers must align with the actual capacity to fulfill them. Selling without stock or with unfeasible delivery deadlines can lead to sanctions for misleading advertising and damage the company’s reputation.
4. Data Processing and Information Security: The volume of transactions increases significantly, heightening the risk of incidents involving personal data. Companies must review their compliance practices with the General Data Protection Law (LGPD), ensuring appropriate technical and administrative measures to protect consumer information.
5. Contractual Relations with Partners and Marketplaces: It is important to review contracts with distributors, retailers, and marketplace platforms, defining responsibilities for operational failures, pricing policies, and return rules, in order to mitigate risks of litigation and financial losses.
Black Friday can be a catalyst for significant results, but sustainable success depends on balancing commercial strategy with legal security. Companies that anticipate challenges and adopt transparent practices compliant with legislation gain an advantage toward an effective sales event without future liabilities.
