Brazil: Non-discrimination and transparency requirements for automated pricing in Bill amending Consumer Defence Code (PL 385/2026) was introduced to Chamber of Deputies

On 6 February 2026, Bill (PL 385/2026) amending the Consumer Defence Code (Law No. 8.078) to prohibit discriminatory personalised pricing and establish transparency obligations for automated price formation was introduced to the Chamber of Deputies. The Bill would apply to suppliers entering into digital or electronic consumer contracts. It would amend Article 39 to prohibit the use of personal data, inferred data, browsing history, location, device characteristics or other digital surveillance elements to set different prices or commercial conditions for consumers in equivalent situations. It would also prohibit using automated systems or artificial intelligence tools to determine the maximum price a consumer would be willing to pay based on economic, behavioural or psychological profiling. Furthermore, it would prohibit raising prices where digital means detect momentary vulnerabilities, such as urgency or essential need. Furthermore, the Bill would prohibit the concealment of dynamic or automated pricing mechanisms or their general criteria. Additionally, the new Article 54-H would oblige suppliers to provide transparent and accessible information on dynamic or automated pricing, the general and objective criteria for price variation and whether automated processing of personal data determines the offered value. The Bill would prohibit the use of concealed or non-verifiable personalised criteria, and would grant consumers the right to request a human review of automated pricing decisions. Dynamic pricing based exclusively on collective market factors, including supply, demand, seasonality, logistics, time or availability, would not constitute an abusive practice if applied objectively and equally. Non-compliance would trigger sanctions under Article 56 of the Consumer Defence Code, without prejudice to Law No. 13.709. If adopted, the Law would come into force 180 days after its official publication.