MEXICAN ECOMMERCE REGULATIONS
 
Mexican E-Commerce Legislation
 
Is there an ECommerce law in Mexico?
Since when is an ECommerce law in Mexico?
Basic aspects of legislation
What is called " spirit of legislation "?
Laws included in the Mexican ECommerce legislation
What is to message of data?
Articles included of the Civil Code
Articles included from the Civil Procedures
Articles included from the Commerce Code
Articles included from the Federal Law for Consumer Protection
Which warranty I have with this new legislation?
Which obligations the service to provider acquire?
Integral information meaning
 

Is there an ECommerce law in Mexico?
As new Set of laws it does not exist yet; the aspects about Internet transactions are regulated by the Civil Code, Civil Procedures Code, Commerce Code and Federal Consumer Protection.

Since when is an ECommerce law in Mexico?
Since May, 29 2000 in which the official book published an agreement to modify the Civil Code, Civil Procedures Code, Federal Commerce Code and Federal Law for Consumer Protection.

Basic aspects of legislation
The attributes of the person who realize to transaction.
The integrity ­ not alteration of the agreements.
The contracts displayed by computers are valid as those written in paper .
The to consumer will  always receive the information clearly, true and complete enough to know the aspects about the transaction and procedures. 

What is called " spirit of legislation "?
Spirit of legislation means the agreement of both parts to celebrate an agreement.

Laws are included in the Mexican ECommerce legislation
Civil Code
Civil Procedures Code
Federal Commerce Code
Federal Law for Consumer Protection

What is message of data?
As Civil Code says, it is the information generated, sent, received, stored or communicated using any electronic media.

Articles included from Civil Code
1803 in which the concept of data message was added and gives to it the validity as " expressed agreement ".
1811 in which gives validity and obligation to the proposal and acceptance of the terms and conditions of the transaction delivered by to data message.
1834 in which to data message is accepted as to written in paper since it can be demonstrated that the person had access to read it before and to after making the transaction.

Articles included from Civil Procedures Code
210-A, Legal effects, validity and obligation are recognized for the data message; giving rights to to a proof since it can be demonstrated that the integrity of the data message has been preserved since it creation and publication.
210-B Determine the mechanism that will be followed to valorize if the data message can be used as to proof in a lawsuit.
217 indicates the value of the data message as proof and is going to be treated as arranged in the articles: 210-A and 210-B of the same Code.

Articles included from Commerce Cod
The 47 which force the retailers to conserve document file that receives or emits in relation to their business, admitting the message of data like " document "
The 642 that marks the moment at which a celebrated mercantile contract through a message of data begins to have use.
The 647 in which the message of data like mechanism in agreement of wills is accepted.

Articles included from Federal Law for Consumer Protection
1° that guarantees the protection to the consumer in the transactions conducted through the electronic means use as well as the suitable use of the data that this contribute.
The 24 that makes reference to formulate, to spread and to use codes of ethics between the suppliers of services. To this article a complete chapter was added to him (VIII bis) to approach the rights of the consumers in the electronic transactions.
The 76 bis. - It specifies the way in which the relation between consumer and supplier will be due to lead indicating the rights and obligations of each one of the parts.
The 128, - the amount of the sanctions by breach to the expressed thing in this law stipulates

Which warranty I have with this new legislation?
The information that is passed to the supplier could not be shared with anybody other party than the transaction that your therefore you authorize it; therefore, it must have mechanisms that guarantee the security and confidentiality of the information and you must be informed before the celebration of the commercial operation.

The accreditation of the company, because all supplier must proportionate, before celebrating the transaction, its physical address, telephone numbers and other means that allow you to go to the supplier in case of a claim or explanation.

To diminish the deceptive practices because the information that appears as far as the characteristics and capacities to you of the product must be trustworthy; in addition, before the commercial transaction they are due to present to you the terms, additional conditions, costs, positions and modes of payment of the goods and services offered by the supplier.

The decision as far as the amount and quality of the products that you wish to receive, as well as the one to receive commercial warnings is yours, and therefore, supplier requires your acceptance to the arrangement.

Which obligations acquire the service to provider?
By principle maintain an ethical, clear attitude and you will see with the consumer. Before the transaction takes to effect you must:

To count with the necessary technical elements so that the information of the transaction is sent in a safe and confidential way.

To present the consumer its identity (physical address, telephone numbers and other means that allows the consumer localize it easily).

To indicate the mechanisms to him (and its characteristics) that you must to guarantee the security and confidentiality of the information that it provides to you.

To offer clear, real and sufficient information as much of products (services) like of the additional terms, conditions, costs, positions and payment method for the goods and services offered.

The information received from the consumer has a confidential character, reason why it cannot be spread it or transmitted to others and must be used only for the transaction, except for express authorization of the own consumer.

The decision of the consumer as far as the amount and quality of the products that wish to receive, as well as the one of not receiving commercial warnings.

Abstention to use advertising strategies of sale or that they do not provide to the consuming clear and sufficient information on the offered services, and takes care of the practices of marketing research directed to vulnerable population (young, old and ill).

Integral information meaning
According to it stipulates the Federal Code to it of Penal Procedures is that that has remained complete and inalterable, except for some change that is inherent to the process of their communication, file, registry or presentation