Legal Framework of Electronic Commerce in Mexico
The main purpose of this work is to analyze in detail the legal framework of electronic commerce in our country, as we know electronic commerce arrived in Mexico for some years, specifically since 2011 several companies were already involved in this type of commerce and since thenThis trade has been increased with levels that could not be believed.
For example, according to a study by the newspaper El Universal, in 2018, electronic commerce transactions reached a record of 491.25 million pesos which is added as an increase of 24% and 2019 a growth valued at 299 was recorded.66 billion pesos in the first semester of the miso year. (Ariadna, 2020)
That shows us that in Mexico the trade of this type has grown since they are not only national sales and purchases if this is not extended to foreign trade that helps to growth, but our investigation is about knowing what is the legal framework that governsThis trade and how it governs.
Since there may be some dangers when buying and selling, such as you buy a garment and not arrive at the estimated time and never arrive and the user already made the payment for a transfer and only stole their money, or even more like morepersonal information. That is one of the situations that can occur.
And it is necessary to know who we can address in these cases or what norms protect us and that they inform us if there is a process to continue in case of a controversy in electronic commerce and not keep our hands crossed, since this is outrageous because it canBe that the seller of the gold side of the world and we cannot do so much for a robbery of this level.
Therefore, this is the research topic of this work, analyze those rules we have to protect ourselves in case they exist.
The following work tries to analyze the legal framework that exists in Mexico on electronic commerce. But first we will explain that it is electronic commerce is when trade meets the technology that in this case would be the Internet and becomes a tool that facilitates companies to carry out their transactions to different parts of the world such as China or the United Kingdom.
That would be a brief concept, but as already mentioned, and electronic commerce has helped our country to increase both nationally and internationally. Since we focus on the use of electronic commerce in Mexico to the Internet, according to data from the Mexican Internet Association (Ampci), the amount of sales during 2006 in electronic commerce was $ 3,792 million pesos. Figure that is still small given the size of the total population but that with 22 million Internet users and a 59% sales growth compared to the year 2005 begins to be significant.
Applicable legal framework
In Mexico, we have as generally the Federal Telecommunications Law, the Federal Consumer Law, the Commercial Code, the Federal Civil Code, the Fiscal Code of the Federation, the Federal Copyright Law and the Industrial Property Law.
Because it is necessary to mention these laws that regulate different things with the same objective, because an example as we study in class the trade code regulates the rules and rules that have to be followed when making a transaction with goods that will leave the national territory, also alsoWe mention the Industrial Property Law is regulated and protects the brands that have been registered under its electronic formats so that this brand only belongs to the owner who was the intellectual author. (Saul)
So it is necessary to mention these laws and codes that help us.
In the period of the years 2000 and 2003 the Commercial Code formalized various reforms that have helped electronic commerce.
This is where we introduce the articles in the code mention article 80 that mentions that by accepting the proposal of the commercial contract they remain perfectly in the established conditions.
“The commercial agreements and contracts that are held by correspondence, telegraph, or through the use of electronic, optical means or any other technology, will be perfected since the acceptance of the proposal or the conditions with which it is modified.”(Deputies, Commercial Code, 2018)
This article is important since it explains that it mentions the means by which a contract or agreement can be concluded between the parties, and of course, if any circumstance of the contract is modified, it will have to be notified so that no problem is generated between the parties.
Also within this they mention article 89, which governs the will of the parties that have to provide their data if necessary to close the contract. And of course he tells us what are the aspects that we must take into account for the electronic closure.
“The provisions of this title will govern throughout the Mexican Republic in matters of the commercial order, without prejudice to the provisions of the international treaties of which Mexico is a party.
In the acts of commerce and in their formation, electronic, optical or any other technology can be used… ”
If article 80 of the Commercial Code allows the use of electronic means as a way for the improvement of consent, article 89 cited from the beginning of this article reinforces it allowing the use of electronic, optical means or any other technology in theCommerce acts.
This article 89 indicates in turn a series of definitions, of which we will take the most relevant to this article: “recipient: the person designated by the issuer to receive the data message, but that is not acting as an intermediary with respect to respectTo said message.
Issuer: Any person who, under the data message, has acted on his own name or in whose name that message has been sent or generated before being filed, if this is the case, but who has not acted as an intermediary.
Electronic signature: the data electronically consigned in a data message, or attached or logically associated with it by any technology, which are used to identify the signatory in relation to the data message and indicate that 5 the signer approves the information containedIn the data message, and that produces the same legal effects as the autograph firm, being admissible as trial test.
Advanced or reliable electronic signature: that electronic signature that meets the requirements contemplated in fractions I to IV of article 97.
In those provisions that refer to digital signature, it will be considered as a kind of electronic signature.
Data message: the information generated, sent, received or filed by electronic, optical means or any other technology.
Information System: Any system will be understood as a system used to generate, send, receive, file or process data messages in some other way.”(Deputies, Commercial Code, 2018)
To continue we also find the Federal Consumer Protection Law, which mentions article 76 bis, where they explain what the dispersions of the parties have to be complied with by means of a commercial link by electronic means.
Article 76 bis.- The provisions of this chapter apply to the relations between suppliers and consumers in the transactions made through the use of electronic, optical or other technology media.
In the celebration of these transactions, the following will be complied with:
- The supplier will use the information provided by the consumer confidentially, so it cannot disseminate or transmit it to other suppliers outside the transaction, unless expressly authorized by the consumer itself or by requirement of the competent authority;
- The supplier will use any of the technical elements available to provide security and confidentiality to the information provided by the consumer and inform it, prior to the celebration of the transaction, of the general characteristics of said elements;
- The supplier must provide the consumer, before celebrating the transaction, its physical domicile, telephone numbers and other means to which the consumer himself can go to submit his claims or request clarifications;
- The supplier will avoid deceptive commercial practices regarding the characteristics of the products, so it must comply with the provisions related to the information and advertising of the goods and services offered, indicated in this law and other provisions that derive from it;
- The consumer will have the right to know all the information on the terms, conditions, costs, additional charges, where appropriate, forms of payment of the goods and services offered by the supplier;
- The supplier will respect the consumer’s decision regarding the quantity and quality of the products you want to receive, as well as not to receive commercial notices, and
- The supplier must refrain from using sales or advertising strategies that do not provide consumer clear and sufficient information about the services offered, especially in the case of marketing practices aimed at the vulnerable population, such as children, elderly and sick, incorporating mechanisms that warnWhen information is not suitable for that population. (Deputies, 2019)
After ending the articles mentioned we can put some points that the Commercial Code is referring to the trade situation:
- Recognizes electronic media as a way for the conclusion of commercial agreements and contracts;
- defines the parties involved and the information to be sent;
- Indicates the rules to presume the origin and sending of information;
- gives light on the moment of reception and issuance of information;
- Clarifies the way of accusing receipt of it;
- Categorize such information as written and signed when the law requires it;
- It opens the possibility of protocolizing the legal act, carried out by electronic means, before the Public Notary;
- Point out how to meet the requirement of presenting and conserving information in its original form;and 11
- Mark how it determines what is the place of issuance of information.
As we also mentioned the Federal Civil Code, it has reforms in this regard, it now contemplates the granting of consent by electronic means and it is in article 1803 where it explains that there are two types of consent according to trade by electronic means and are theWhat are we going to analyze:
“Article 1803.- The consent can be express or tacit, for this the following will be:
- It will be express when the will manifests verbally, in writing, by electronic means, optics or by any other technology, or by unequivocal signs, and
- The tacit will result from facts or acts that presuppose or authorize it to presume it, except in cases where by law or by agreement the will must expressly manifest.”(Deputies, Federal Civil Code., 2019)
As we already knew to have an express consent, the will of the involved must be expressed either in writing or through a legal representative, but in these cases the will has to be expressed through electronic means that are being used at the moment.
And being tacit must follow the laws and consent must be represented by acts or by agreement by which their will so that there are no problems at the time of transaction.
To end this work, we can say that electronic commerce is a way that is currently used too much, since the ease of buying and selling without the need to present ourselves at the establishment or in case of large companieswithout the need to be present at the time in the other company that can be on the other side of the world.
And of course these are some of the laws that govern electronic commerce in Mexico, it is important to analyze each of these articles that will help us protect us from any controversy as we mention it and of course they are not the only articles but they are the most indicated by law, there are also articles within the Commercial Code that are "bis" and help us to understand a little more about each situation that is being generated when a commercial agreement is starting electronically.
We also have to take into account that not only in our country there are rules that regulate this type of trade, but today there are several countries that already consider it a way of negotiating and even included it in free trade agreements, byExample NAFTA, a section on electronic commerce was included. And that is good since that refers to us that we are progressing in the elimination not only of commercial barriers, but in some way they are breaking the only facet that trade had in antiquity.
We can all handle this type of trade, just having internet and a user on any platform to sell and buy and we are already negotiating, that is the ease we have, but that facility does not take away how dangerous your money or data can be stealpersonal, etc. Too many situations can happen, so it is necessary that the process that each negotiation that is done by electronic means has to be carried out is known.
- Ariadna, c. (February 6, 2020). THE UNIVERSAL. Retrieved on March 20, 2020, from Lectronic Commerce continues to grow in Mexico: https: // www.the universal.com.mx/techbit/commerce-electronic-crer-en-mexico
- Deputies, c. d. (June 3, 2019). Federal Civil Code. Retrieved on March 20, 2020, from http: // www.Deputies.Gob.mx/lawsBiblio/PDF/2_030619.PDF
- Deputies, c. d. (March 28, 2018). COMMERCIAL CODE. Retrieved on March 20, 2020, from https: // www.pa.Gob.mx/normatecapa/provisions%20jur%c3%addic/47.-%20c%C3%B3Digo_de_comercio.PDF
- Deputies, c. d. (April 12, 2019). FEDERAL LAW FOR PROTECTION OF THE CONSUMER. Retrieved on March 20, 2020, from http: // www.Deputies.Gob.mx/lawsBiblio/PDF/113_261219.PDF
- Saul, v. S. (s.F.). RAIGOSA CONSULTORS. Retrieved on March 20, 2020, from the legal framework of electronic commerce in Mexico: http: // www.RAIGOSA CONSULTORS.com/pdf/frame.PDF