RESPONSABILIDADE CIVIL DO FORNECEDOR PELA DISPONIBILIZAÇÃO DE QR CODE FRAUDADO POR TERCEIRO

Abstract

The present research deals with the civil liability of the supplier for damages caused to the consumer due to the provision of a QR code tampered with by a third party. It seeks to outline the nature of this civil liability in order to answer the following question: can the supplier who uses the QR code in the provision of products and services be held responsible for damages caused to the consumer who is a victim of fraud perpetrated by a third party through this tool? The research is justified by addressing a topic of considerable social relevance considering the widespread adoption of the QR Code by consumers and the constant increase in frauds using this tool as a means. In order to achieve its realization, the deductive method was adopted as an approach, combined with documentary and bibliographic research techniques. It is concluded that the supplier can be held liable, as the civil liability of the supplier is objective, based on the principle of the risk of economic activity. Even if the fraud is perpetrated by a third party, the supplier's liability is not automatically excluded. The supplier has a duty to ensure security in the provision of the service, which includes protection against possible frauds, such as the tampering of the QR Code by third parties.