RESPONSABILIDADE DAS REDES SOCIAIS EM CASO DE DESCUMPRIMENTO DA OFERTA DE CONSUMO DIRECIONADA

Abstract

This monograph discusses the phenomenon of the transposition of consumer relations into the social media environment, in the context of a consumer society. The theme is limited around the responsibility of social networks in case of non-compliance with the targeted consumption offer, whose legal relevance lies in the finding that the consumer on social media is subject to a structure of data processing and targeting of offers which considerably restricts their freedom of consumption and, consequently, aggravates their vulnerability. Thus, we seek to answer the following question: can social networks be held responsible in case of non-compliance with the targeted consumption offer? Therefore, the general objective is to investigate the possibility of accountability of social networks, if there is non-compliance with the targeted consumption offer. For this purpose, it is necessary to understand the consumer society in the Digital Age, with emphasis on the rise of social networks; to highlight the expansion of consumer vulnerability in social networks; and, finally, investigate who can be held responsible for non compliance with the offer made through these digital platforms, analyzing, to this end, the responsibility that stems from the principle of binding the offer provided for in articles 30 and 35 of the Consumer Protection Code. In this work, to meet its general objective, the hypothetical-deductive approach method is adopted in conjunction with the descriptive method. Furthermore a qualitative research model is used through a data collection technique along the lines of the bibliographic and documentary review, based on the legal, doctrinal and jurisprudential references relevant to the subject. In summary, the following results were verified: that the attributes of the consumer society were very much enhanced by social media; that the consumer's hypervulnerability has become evident, in the face of the incessant exposure and manipulation of their personal data; and that it was necessary to expand the mechanisms of protection to this hypervulnerable consumer in the face of targeted marketing, using as an instrument the joint and several and objective responsibility of the social network, whose legal viability has been demonstrated. It was found, in the present, that it was possible to hold the social network responsible in case of non-compliance with the targeted consumption offer, in line with the provisions of the Consumer Protection Code.