*Por Leticia Lewis
Debates on public policies regarding digital platforms have grown in Brazil, especially in recent months. There is, however, an important element that is still missing from these discussions: the definition of the term “digital platforms”. This is not just a semantic issue, because unless we can understand which entities and which issues exactly these debates are about, it is very difficult to direct them so that they result in public policies that allow technology to continue to serve as the driving force engine of economic and social development in Brazil.
In Brazil, the term digital platform is commonly used to refer to companies that use digital means or channels to serve their customers or their target audience. The term is sometimes used as a synonym for “internet applications”, which is defined by the Civil Rights Framework for the Internet as “the set of functionalities that can be accessed through a terminal connected to the internet”. Often, the term “digital platforms” is also used to refer to “Big Techs”, another term that does not have a legal definition. Thus, when talking about “digital platforms”, there is a lot of uncertainty about the universe of entities covered.
However, it is important to note that there are several relevant differences between companies or organizations that use digital media or channels to serve their customers or their target audience. When it comes to public policies, the recognition of this heterogeneity is essential, as an approach that does not consider these differences would create several obstacles for the country's development, since these provide products and services that benefit all sectors of the Brazilian economy.
There are several aspects that differentiate companies that use digital channels to carry out their activities. Such differentiating factors include the target audience (entities that have other companies as customers, entities that serve final consumers, or entities that serve both audiences), the economic sector in which they operate (finance, communications, health, social media, philanthropic and social nature, etc.), and their size (micro, small, medium and large). It is important that these aspects are well understood and considered when thinking about public policies that will have a profound impact on the country's economy.
Other countries or jurisdictions consider the heterogeneity of digital platforms for the creation of public policies. The European Union, for example, recently passed the “Digital Services Act” and the “Digital Markets Act”, which refer to and allocate broader responsibilities to large or very large platforms (which reach more than 10% of the population of the European Union, or 45 million users). Australia, for its part, is in the regulatory phase of legislation called the “Online Safety Act”, and the government is working with the private sector to develop codes of conduct that will subject companies to different obligations, depending on the level of risk. that their activities present – according to these codes of conduct, companies that offer services to other companies (B2B) are automatically considered “low risk”, having only to observe simple rules. In the United Kingdom, in an official debate on the proposed law known as the “Online Safety Bill”, the following clarification was provided by the British Parliament (the British Courts can and have given the force of law to these types of clarifications): “The 'Online Safety Bill' is designed to be accurate and proportionate. Companies that provide services to other companies (B2B) are not within the scope of the regulatory framework”.
Although the entities that carry out their activities through digital channels are very different from each other, it is quite clear that such channels offer many benefits to the Brazilian economy. Some examples include:
- Provision of B2B Services: Digital channels are used by companies to offer a variety of services that enable other companies or self-employed professionals to develop their professional activities more efficiently, increasing customer satisfaction and generating income that allows the creation of more jobs in the country. Examples include software for corporate use that allows organizations to communicate more effectively with their customers, such as sending electronic messages by medical offices alerting patients about the approaching date for performing routine preventive exams, digital solutions for management and care to customers, among others.
- E-commerce: A wide range of entities of various sizes that use digital channels to sell their products directly or through intermediaries of e-commerce services that considerably increase business possibilities, mainly for small and medium-sized companies, facilitating access to end consumers . Or that sell online, like the Brazilian Magazine Luiza, which is a good example of a company that uses digital channels to sell its products directly to end consumers, acting as an intermediary and providing opportunities for companies to integrate their offers to their platforms.
- Financial sector: Several banks and other financial institutions use digital channels to simplify access to credit and other banking services, enabling the integration and inclusion of a large part of Brazilian society.
- Health: In the health area, in addition to the various private entities that use digital channels to improve patient care, the federal government also uses such channels to serve the Brazilian population. The Conecta Sus platform, for example, facilitates the population's access to health and wellness services offered by the government, without the need for physical travel.
- non-profit entities who also make use of digital channels to raise funds and other contributions to social and cultural projects and provide their services. This is the case, for example, of Fundação Estudar, which contributes to the training of future transforming leaders in Brazil and benefits from digital channels to raise funds and provide its services.
In addition to considering the difference between the companies that make up the digital ecosystem in Brazil, it is important that the public debate, usually referred to as “platform regulation”, has a specific focus. It is essential that the problems to be avoided or solved by public policies that regulate the digital environment are always clearly specified, and that they are not the subject of other existing regulations. One should not seek to regulate “platforms”, but rather specific aspects, when the lack of existing regulation makes it necessary to create a new legal diploma.
Finally, due to the complexity of the subject and the fact that Brazil's socioeconomic growth can be largely affected by regulations that affect the digital ecosystem, such regulations need to be preceded by a broad discussion with society. Especially because the excessive regulation can affect the lives of so many Brazilians who depend on them to work. Therefore, ABES makes itself available to contribute to this important debate so that we have, more and more, a more digital and less unequal country.
EN 
PT 
