Concordances of the Electronic Commerce Law
Summary
The Electronic Commerce Law regulates the forms of commerce that, due to its criteria, are part of this type of trade, so it is based on some other laws to enforce its mission, laws such as the Constitution of Ecuador, the Civil Code, the Regulation to the Electronic Commerce Law, the Law of Companies, the Organic Law of Public Companies (LOEP), Statute Administrative Legal Regime Executive Function (ERJAFE), Organic Law of Public Service (LOSEP), Law of Arbitration and Measurement,Organic Code of the Judicial Function and the Law of Defense of the Consumer, the Law of Federation of Lawyers of Ecuador, which are the pillars on which the Electronic Commerce Law is erected and thanks to these is that it should comply with its mission,Therefore, the different articles of the Commerce Law will be analyzed with its respective concordances.
Introduction
The growing market that can be accessed from electronic devices and the wide range of platforms that have been created forces us to propose laws that protect the interests of the parties involved in trade to safeguard the bines, the integrity of the data and transmitA high level of trust towards users looking to get a trade business, as well as for those who seek to obtain quality products and services, with confidence and security.
The Electronic Commerce Law is the reference for legislation when we talk about electronic commerce in our country, having created in 2002 has gone through modifications that have sought to adapt and solve the shortcomings and failures that were presented in their beginnings, having been considered asA legislation focused on catalog as raised by some connoisseurs of the field as executive Cruz of the Chamber of Electronic Commerce, so it has been largely worked to improve this perspective, when currently having a law that regulates and controlsthe actions;Contribute the penalties and sanctions for the breach of these laws stipulated in each of the 56 articles with which it counts.
This law provides us with the definition of electronic commerce as to any commercial transaction carried out in part or in its entirety through electronic information networks, which makes clear what is cataloged and what not as electronic commerce.
In addition, the law defines aspects such as the electronic signature, the electronic signature certificate, the information certification entities, the promotion and dissemination agencies, the electronic services including electronic and telematics hiring, the respective rights of consumers or usersof services, computer infractions, among others related and of importance for the understanding of sections.
The Electronic Commerce Law as such needs other laws and laws that support compliance and stipulation, there are several regulations and laws used for this purpose of regulating and imposing sanctions on breaches because it will be presented in detail in what the form isin which these are exactly related to the Electronic Commerce Law.
Developing
Preliminary title
Chapter 1: General Principles
- Art 2: Recognize the value of data messages with a value similar to writings.
The Constitution of Ecuador supports the validity, rights and obligations to offer the necessary guarantees for the different processes, while the data messages comply with what is described in the Constitution, their validity will not be affected.
- Art 3: Recognize the information not contained but is cited by data messages, which can be accessed by links.
- Art 4: Intellectual property about data messages.
Although data messages are specified that intellectual property laws are submitted in related laws.
- Art 5: The confidential with which data messages must be handled is established.
The guarantees are contemplated for the confidentiality and secret of information within the labor areas to be generated.
- Art 6: Data messages will be used as written information and this must be accessible.
Data messages are ratified as written information as long as it complies with storage, accessible format, information and recovery processing system mentioned in the regulations.
- Art 7: Data messages will take part as information presented or preserved in original form has not always been modified in aspects not allowed.
The circumstances in which the data messages can be considered as an integral message, complementing with what is mentioned in the Commerce Law are managed.
- Art 11: Not being by prior agreement both the issuance, reception and place will be taken as employees in the data message.
The message to more than representing an agreement between the parties their undected data can be taken as means of confirmation and commitment between the parties so that studying each of its aspects is important, although in the related articles it is not managed specificallyNon -physical transmission forms does not lose validity.
Title II
Of electronic signatures, electronic signature certificates, information certification entities, electronic services promotion agencies, and regulation and control of accredited certification entities.
Chapter I: Of electronic signatures
- Art 15: shows the necessary requirements for the validity of an electronic signature.
- Art 16: The importance and value of a data message that includes an electronic signature will be undeniable, but these must be sent in oneself.
- Art 17: indicates the main obligations that an electronic signature holder must comply with.
- Art 18: Both for renewal, revocation, cancellation or suspension, it must be based on the stipulated by law.
Art 19: postulates the circumstances by which the electronic signature could be extinguished, as well as the obligation to fulfill previous obligations.
The aforementioned articles are strengthened in the articles of the Constitution, Civil Code and others are those that ratify the necessary data, the security mechanisms, the property and the responsibility that must be faced when using a medium such as the electronic signature that needsFrom a series of assurances and practices of good management, since among the articles we can find the penalties towards the mismanagement and carelessness of its bearer, the exclusive use of its owner and the undue forms that this should avoid giving is ratified, since the firm is an equivalent to a way to consent and stipulate an agreement that has been reached, which once it has been issued according to the regulations can no longer be retracted.
Chapter I: of electronic signatures certificates
As much as the articles defend the uses of electronic signatures, due to bad uses or breach of the requirements that have been mentioned in previous articles, in the articles belonging to the Regulation to the Electronic Commerce Law, the explanation and enumeration is ratified and extendedOf the reasons and causes that could lead to the loss of the electronic signature, in addition to writing the means by which a modification of electronic firms can be made known to users.
Chapter III: Information certification entities
Chapter IV: of the promotion and dissemination agencies of electronic services, and of regulation and control of accredited desertification entities
Within contracting, services is stipulated, basic privacy requirements necessary to avoid infractions that could be punished according to what is expressed in attached articles, adding the circumstances that could lead them to an employee to be processed by breach.
Title III
Of electronic services, electronic and telematics hiring, user rights, and public instruments.
CHAPTER I: OF ELECTRONIC SERVICES.
By mutual agreement transactions are negotiated, but not rights that cannot be applied depending on the environment, environment and the purpose that it possesses.
CHAPTER II: OF ELECTRONIC AND TELEMATIC CONTRACTING
Additional articles increase the explanation of the entities that would be responsible for penalties in case of necessary breaches and sanctions, according to the jurisdiction of each and the scope in the east is given
CHAPTER IV: OF PUBLIC INSTRUMENTS
- Art 51: The necessary consumer data and information to have an electronic commerce with the basic assurances.
Title IV
Of the test and electronic notifications
Chapter 1: Test
It is proposed that you lie the electronic authentication documents comply with the regulations and with their expedition requirements these will be valid for national, foreign or other persons who are involved but with the problem of laws in case the parties belong toDifferent countries, the regulations may vary and the totality could not be applied, although these are clearly fulfilled when we talk about persons in which Ecuadorian laws effect.
conclusion
Within the Electronic Commerce Law, one or more laws are made that support and strengthen what is mentioned in the article or is its purpose, which in the vast majority is fulfilled, but in some of these articles only mentions laws that areThey relate or mention similar issues that do not contribute the relevance that it would need.
The different articles of the Commerce Law stipulates the length of several of its statements the requirements needed for the electronic signature, the certificate, the data message, among others, but these in turn must be under the guidelines that guidelines thatThey are described in the laws of greater legislative weight such as the Constitution, the Criminal Code, all this so that what is stated in the law can be taken as legitimate.
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