Extended civil liability: implications of improper disposal in B2B contracts

Contextualization of Expanded Civil Liability

Expanded civil liability in the B2B context refers to the legal and contractual obligation to be responsible for environmental and social damages resulting from the improper disposal of waste, including electronic waste. Based on Brazilian environmental legislation, this liability directly affects commercial contracts between organizations, requiring strict control and sustainable management of the waste generated.

Legal and Regulatory Aspects

The main legal basis for civil liability arising from improper disposal is found in Law No. 9,605/1998 (Environmental Crimes Law), which establishes sanctions for environmental damages, in addition to the National Solid Waste Policy (Law No. 12,305/2010), which defines shared responsibility for the product life cycle and its waste. In the business context, Decree No. 7,404/2010 regulates operational aspects of this policy, especially regarding rejects and hazardous waste.

There is also a need to comply with specific standards applicable to electronic disposal, which include procedures for proper transportation, storage, and environmentally correct final destination.

Contractual Implications in B2B Relationships

In contracts between business partners, expanded civil liability imposes stringent clauses regarding the proper management of waste. It is essential that obligations concerning disposal are clarified, with the definition of procedures, deadlines, and penalties in case of non-compliance. Failure to comply can result in direct and indirect liability, causing financial losses, reputational damage, and legal risks.

Thus, the inclusion of auditing mechanisms and documentary proof of proper disposal is recommended, supported by technical evidence and records authorized by environmental authorities.

Impact of Improper Disposal

Improper disposal of electronic waste can cause contamination of soil, water, and air, polluting ecosystems and impacting the health of employees and nearby communities. Additionally, the accumulation and incorrect handling of sensitive materials pose risks to information security, making the secure disposal of storage devices essential.

Recommended Practices for Electronic Waste Management in B2B Contracts

To mitigate legal and environmental risks, it is recommended that contracts include the hiring of specialized services, with technical training and environmental certification. Procedures for electronic waste collection should be implemented in accordance with current regulations, ensuring regulated collection, transport, and final disposal.

Additionally, secure sanitization of HDs and storage media should be an integral part of the process to ensure protection of sensitive information and contractual compliance.

Conclusion

Expanded civil liability due to improper waste disposal in B2B contracts requires strict compliance with environmental legislation and clear contractual conditions. Alignment between the parties for the adoption of sustainable and safe practices, along with transparency in proving the correct destination of waste, is an indispensable condition to mitigate legal risks and preserve environmental and operational integrity.