The digital environment has become the primary commercial space for many companies. In this scenario, the banning of business accounts by major technology platforms, known as Big Tech, raises important questions about the limits of these companies’ power in controlling their virtual spaces.
Legal limits on platform authority
Although digital platforms have their own terms of use, deleting or suspending corporate profiles does not occur in a legal vacuum. Brazilian legislation sets parameters that limit these actions, protecting business users against arbitrary decisions.
Two prominent legal instruments in this debate are the Consumer Defense Code (CDC) and the Marco Civil da Internet (Brazil’s Civil Rights Framework for the Internet). The CDC can apply to balance the relationship between the platform and the business user, ensuring transparency and preventing abusive practices. Meanwhile, the Marco Civil da Internet serves as the primary guide for rights and duties in Brazil’s digital environment, reinforcing the need for clear justifications to remove content or suspend accounts.
Horizontal application of fundamental rights
Another central concept in discussions on account banning is the horizontal application of fundamental rights, a legal principle establishing that basic constitutional rights must be respected not only by the State, but also in private relationships between companies and individuals.
Applied to the context of Big Tech, this principle means that safeguards such as due process and the right to a full defense must be considered before deleting a business account. Even though platforms are private entities, they exercise a role with significant public impact and must therefore observe these rights when enforcing internal policies.
Considerations for the corporate environment
The deletion of a commercial profile can severely affect a company’s operations. Understanding that the power of digital platforms is limited by the CDC, the Marco Civil, and fundamental rights is an essential step for organizational governance and digital risk management.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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