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 |