New rules for customer service (SAC): impacts on the use of chatbots and artificial intelligence

Published on October 13, 2026, Decree No. 13,135/2026 establishes new guidelines for the Consumer Service (SAC), replacing Decree No. 11,034/2022 and updating the requirements applicable to customer service channels.

One of the main changes is the express recognition of the possibility of using automated systems, including artificial intelligence, for triage, internal distribution, and resolution of requests. However, the use of these technologies must ensure that consumers have access to human assistance during the periods and under the conditions set forth in the regulation.

Among the main provisions, the following stand out:

1. Human assistance and channel availability: At least one electronic customer service channel must be available on a continuous basis, 24 hours a day, seven days a week. On electronic channels, real-time human assistance must, as a general rule, be guaranteed from 8 a.m. to 8 p.m. daily, subject to applicable exceptions and sector-specific rules.
2. Limits on automated flows: Electronic channels may not use more than five levels of service to resolve a request. Options for human assistance, during regulated hours, and for the immediate cancellation of contracts and services must be accessible from the first level and at all subsequent levels of service.
3. Continuity of requests: Consumers may not be required to repeat a request that has already been registered, except for a substantiated technical reason. Systems must allow consumers to track their requests and enable service agents to access the history of active requests or those related to the same triggering event or contract.
4. Telephone assistance: The regulation establishes that the maximum waiting time to speak with a human agent must be up to 20 seconds for at least 80% of calls answered, and up to 300 seconds for the remaining calls, subject to specific rules issued by regulatory agencies. If human assistance is accidentally interrupted before completion, the provider must return the call within 300 seconds.
5. Cancellation of contracts and services: Cancellation requests must be received and processed through the SAC and through the channels made available for contracting, subject to the conditions established in the Decree. As a general rule, cancellations take effect immediately, except in cases where technical processing is expressly justified.
6. Records and personal data protection: The history of requests must remain available for at least six months after resolution, while telephone recordings and voice or text messages must be retained for at least 90 days. The processing of personal data must comply with the Brazilian General Data Protection Law (LGPD).
7. Response deadline: Non-urgent requests must be answered within seven consecutive days, counted from their registration. Urgent situations, as defined under sector-specific regulations, require immediate assistance.

Who do the new rules apply to?
The Decree has a defined scope of application, covering providers of products and services regulated by the federal Executive Branch that meet the criteria established by the competent regulator, as well as providers of certain digital financial services subject to regulation or supervision by the Central Bank.

The rule also provides that certain digital intermediation, transportation, and delivery platforms must submit their customer service models to the National Consumer Secretariat (Senacon) for assessment of their adequacy and effectiveness.

What are the impacts for companies?
For covered providers, the regulatory update requires attention to the architecture of chatbots and other automated systems, integration among customer service channels, availability of human agents, record management, and procedures for tracking and resolving requests.

The Decree enters into force 20 days after its publication.

The new regulation reinforces that the adoption of automation and artificial intelligence solutions in consumer relations must be accompanied by mechanisms that ensure transparency, accessibility, and effectiveness in customer service.

For further information, please contact us at contato@peckadv.com.br.

Peck Advogados supports the social and educational initiative of the Instituto Peck de Cidadania Digital. To learn more: www.ipcd.org.br.

Prepared by: Ana Mancuso, Digital Litigation Manager, and Mariana Figueiredo, Digital Litigation Attorney.

AUTHOR

• Mariana Figueiredo
• Ana Mancuso