Payment Terminals in Plain Sight: Progress in Security for Electronic Transactions | Resolution 87/2024, Secretariat of Commerce

On March 11, 2024, the Secretariat of Commerce ruled that commercial establishments operating with credit, debit, or purchase cards must keep their payment terminals visible and accessible to the customer at all times.

While seemingly simple, this measure has a significant impact on transaction security, as it ensures that vendors and/or payment agents cannot take customers’ cards out of their sight at any time. This guarantees that the customer never loses sight of their card or ID during the payment process. The main objective of this rule is to prevent potential fraud resulting from the copying of card or ID data.

Resolution 87/2024 (the “Resolution”) establishes that “all commercial establishments that accept credit, purchase, or debit cards for commercial transactions as defined in Article 1 of Law No. 25.065 and its amendments, and that use electronic payment terminals (data capture terminals or ‘POS’), must make them available to the consumer in a manner that ensures the consumer never loses control of or is separated from their card, not even momentarily, until the operation is fully completed.”

To implement these measures, the Secretariat of Commerce set a period of ONE HUNDRED AND EIGHTY (180) days from the date of publication in the Official Gazette, March 11, 2024. Thus, businesses must adapt their customer service practices in accordance with the Resolution before September 12, 2024.

It is worth highlighting that the enforcement authority places such importance on this regulation that violations may result in sanctions based on the penalties established in Article 47 of Law No. 24.240 and its amendments.

This measure, which reflects best practices adopted in other parts of the world, demonstrates the authorities’ commitment to consumer protection and the promotion of transparent business practices.