Legal analysis of the use of Artificial Intelligence for consumer profiling in E-Commerce in Brazil

Abstract

Industry 4.0 has driven suppliers to embrace Artificial Intelligence to promote e-commerce, aiming to expand their reach and profitability. This involves strategies such as targeting the audience and managing clientele through the collection of behavioral data to "customize" the consumer experience. In this context, the rapid consolidation of AI in e-commerce necessitates legal adjustments to prevent abuses in consumer profiling and discrimination based on data. The research aimed to understand AI as a tool for consumer profiling in e-commerce and analyze its legal limits. A qualitative approach was adopted, including exploratory research investigating the topic through literature, legislation, and case studies. Although there is no provision for civil liability regarding AI systems, abuses in the field of consumer law, data protection, and antitrust should be governed by existing legal frameworks. Greater legal certainty requires specific AI regulation to promote a more transparent digital environment, preventing antitrust practices and misconduct against consumers. The importance of balancing regulation to limit illicit practices while fostering commercial and technological innovation is emphasized, adapting the law to the reality marked by AI.