From Paper to Digital: Authorized Electronic Manuals for Hazardous ProductsProvision No. 619/2024
A new provision issued by the Undersecretariat for Consumer Protection and Fair Trade allows suppliers of hazardous products to replace printed manuals with digital versions, provided these are free of charge, accessible at any time, and easy to consult. The measure aims to simplify procedures and reduce costs while facilitating access to essential information for safe use and promoting more sustainable consumption practices.
Article 4 of Law No. 24.240 stipulates that “the supplier is obliged to provide the consumer with accurate, clear, and detailed information regarding the essential characteristics of the goods and services offered, as well as the conditions of their commercialization.” Such information must always be free of charge to the consumer and delivered in physical form, with sufficient clarity to ensure comprehension. Physical delivery may only be replaced if the consumer expressly opts to receive the information through an alternative medium offered by the supplier.
Article 6 of the same law further provides that suppliers of products and services whose use may pose a risk to consumers’ health or physical integrity—including residential public services—are required to provide a printed manual in the national language. This manual must contain instructions for the use, installation, and maintenance of the product or service and must adequately inform the consumer.
In line with this consumer protection framework and emphasis on clear information, on October 31, 2024, the Undersecretariat for Consumer Protection and Fair Trade enacted Provision No. 619/2024 (hereinafter, “the Provision”). This new regulation aligns with international consumer protection standards and reflects the most advanced principles in the field, including:
- a) Streamlining and simplifying production processes;
- b) Eliminating trade barriers;
- c) Reducing transaction costs for suppliers;
- d) Lowering price increases for goods and services borne by consumers;
- e) Promoting environmental protection and sustainable consumption.
The issuance of the Provision considered Article 1106 of the Civil and Commercial Code, which provides that the written form requirement is deemed fulfilled if the consumer contract is supported by an electronic or digital medium, or similar technology.
Accordingly, the Enforcement Authority resolved that the obligation to provide consumers with a manual in the national language containing instructions for the use, installation, and maintenance of hazardous products or services shall be deemed fulfilled whether the manual is provided in printed or electronic form.
To issue the manual in digital format, the following requirements must be met:
- a) It must contain the relevant information;
- b) It must be available to the consumer at the time of contract;
- c) It must be inalterably digitized, with the location of the manual expressly indicated;
- d) It must be accessible at all times through electronic, telephonic, or similar devices;
- e) Its location and access method must be printed or affixed to the exterior of the product or its packaging.
In this way, suppliers are authorized to replace printed manuals with any device that allows access to the manual’s contents electronically.
For example, the most practical alternative for replacing the manual would be to place a QR code (Quick Response code) in a visible and prominent place on the product’s packaging. This code would allow the consumer to download the manual in PDF format and store it on their chosen device (computer, smartphone, tablet, etc.).
It is also advisable to publish the manuals on the supplier’s website to facilitate access without relying solely on product packaging. To that end, suppliers should include a dedicated link for each product manual on their site(s).
This same rule will apply to the provision of information regarding the essential characteristics of goods and services and the terms of their commercialization in physical format, as required by Article 4 of Law No. 24.240. In other words, the duty to inform may now be fulfilled digitally, without the consumer’s prior consent.
The Provision was published in the Official Gazette on November 4, 2024. It is a noteworthy development—not only will it streamline consumer and commercial practices, but it also represents progress toward the technological and environmental standards demanded by today’s world. In this context, it is to be expected that legal practitioners will adopt the regulation without objection and that suppliers will comply fully with the new legal requirements.