The 2nd Section of Brazil’s Superior Court of Justice (STJ), in ruling Theme 1.315, established that prior notification to consumers regarding the creation of records in databases may be carried out electronically.

The decision aligns the interpretation of the Consumer Protection Code with the current digital environment, recognizing that electronic communications are now embedded in commercial relationships.

However, the Court introduced a key requirement.

It is not sufficient to send the notification electronically. Companies must be able to prove both the sending and the effective receipt of the communication.

This requirement significantly changes how companies must structure their internal processes.

Practical impacts for companies

The ruling directly affects companies that manage consumer databases, especially in financial services, retail and data-driven sectors.

The validity of the notification now depends on technical evidence.

This includes:

• Reliable sending logs
• Proof of receipt mechanisms
• Auditable records
• Integration between legal, compliance and IT teams

Without these elements, companies may face legal challenges, including:

• Invalidation of the record
• Potential indemnification claims
• Reputational risks

Governance as a central element

This decision reinforces a broader trend: digitalization does not reduce legal obligations — it increases the level of required control.

Digital communication becomes part of corporate governance.

Organizations must treat these processes as compliance structures, not just operational tools.

Strategic recommendations

Companies should:

• Assess whether their systems ensure proper proof of communication
• Implement auditable and traceable records
• Review internal communication policies
• Consider multi-channel communication strategies for high-risk situations
• Align legal and technical teams in process design

Ultimately, this is not only about legal compliance, but about building a defensible digital communication framework.