E-commerce business Write For Us – Questions and Answers About Electronic Commerce Technological advances, the use of information and communication technologies, have allowed users to interact with each other more easily and faster.
In addition, information and communication technologies such as the Internet, computers, mobile phones, and other electronic devices have facilitated the holding of commercial acts, giving rise to electronic commerce.
However, from the commercial point of view, electronic commerce includes exchanging goods or services or purchases made on the Internet. It refers to marketing activities such as advertising, commercial procedures, and customer service.
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Electronic commerce has been widely accepted and growing in several countries. Some leading products and services sold electronically are transportation, entertainment, tourism, education, technology, and clothing.
Due to the growth of electronic commerce, its regulation worldwide is imperative. That is why the United Nations Commission on International Trade Law created the Model Law on Electronic Commerce to make possible and facilitate commerce by electronic means.
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However, this law sets forth the provisions, principles, and requirements that make it possible to equate the treatment given to information on paper to the treatment given to electronic communication.
Various countries have adapted to technological change and have incorporated electronic commerce into their legislation.
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However, according to studies carried out by different authorities in the field of electronic commerce, including the Mx Internet Association, electronic commerce in Mexico has shown slow growth and even declined in some years due to ignorance, mistrust, and insecurity by the users.
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Notwithstanding this, Mexican law has been updated, and legislators have adapted Mexican legislation to international legislation on electronic commerce, granting security and legal certainty to commercial operations by electronic, optical, and any technical means.
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Thus, from a legal point of view, electronic commerce can be defined as a way of celebrating commercial acts that merchants use, using electronic, optical, or any other technology.
However, in such a way that in our legislation, we currently have a regulatory legal framework for electronic commerce, within which are mainly the Commercial Code, the Federal Civil Code, the Federal Code of Civil Procedures, and the Federal Consumer Protection Law, among others.
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However, this section presents questions and answers about electronic commerce in Mexico to provide users with information.
What is electronic commerce?
Electronic commerce is a commercial activity that is carried out between suppliers and consumers for the purpose of commercial speculation or profit.
However, per the commercial code, electronic commerce refers to commercial acts using electronic, optical, or other technology. For example, the sale of merchandise through computers, smartphones, and data storage devices, among others.
What are the acts of commerce?
According to the Commercial Code, the following are commercial acts:
- Acquisitions, alienations, and rentals verified for the purpose of commercial speculation, maintenance, articles, furniture, or merchandise in their natural State after worked or carved;
- The purchases and sales of real estate, when made for the purpose of commercial speculation;
- The assets and sales of portions, shares, and obligations of commercial companies;
- The relative contracts and obligations of the State or other current credit titles in commerce;
- Supply and supply companies;
- Construction companies, and public and private works;
- Factories and manufacturing companies;
- The transport companies of people or things, by land or by water; and tourism companies;
- Bookstores, and publishing and typographical companies;
- Commission companies, agencies, commercial business offices, pawnshops, and public sale establishments;
- Public entertainment companies;
- Commercial commission operations;
- Commercial business mediation operations;
- Bank operations;
- All contracts related to maritime trade and internal and external navigation;
- Insurance contracts of all kinds;
- Deposits due to trade;
- Deposits in general stores and all operations are carried out on certificates of deposit and pledge bonds.
- Checks, bills of exchange, or money remittances from one place to another.
- The vouchers or other titles to the order or to the bearer, and the obligations of the merchants, unless it is proven that they derive from a cause foreign to the trade;
- Obligations between merchants and bankers, if they are not of an essentially civil nature;
- The contracts and obligations of the employees of the merchants in what concerns the trade of the merchant who has them at his service;
- The alienation that the owner or the grower makes of the products of his farm or his cultivation;
- The operations contained in the General Law of Titles and Credit Operations ;
- Any other acts of nature are analogous to those expressed.
What are the leading players in e-commerce?
According to the commercial code, merchants are the leading players in electronic commerce.
Under the federal consumer protection law, suppliers and consumers are involved in electronic commerce.
What are the types of e-commerce?
Electronic commerce, according to the nature of the subjects involved, can be:
- Between companies (B2B is known like that in English)
- Between companies and consumers (B2C is known like that in English)
- Between companies and government (B2G is known like that in English)
- Between consumer and government (C2G is known like this in English)
What are the electronic means used in electronic commerce?
Electronic means are all those systems, processes, instruments, or technological equipment that can generate, send, receive, file, or function information electronically through data systems.
What technical terms are used by the commercial code when regulating electronic commerce?
However, the commercial code uses and defines technological terms to regulate the acts of commerce or retail operations carried out through electronic means and are considered electronic commerce. These terms are related to the data message, the subjects involved in the data message, the signature on the data message, and the formation of consent.
What is a data message?
This data message contains the manifestation of the willingness to contract. It is the information generated, sent, received, or archived by electronic, optical, or other technology. For example, a data message can be an email or text message transmitted by a computer or mobile device such as a smartphone or USB flash drive.
What is the information system?
It is any means to generate, send, receive, archive, or process data messages.
Who is the sender of a data message?
The sender of a data message is any person who, on his own behalf or on whose behalf, a data message is sent or generated, as long as he does not act as an intermediary. However, The sender of the data message is the one who offers to enter into an act, legal transaction, or contract, the one who makes the offer and will be bound by the message’s recipient if consent is formed.
Who is the recipient of a data message?
The recipient of a data message is the person designated by the sender to receive a data message, provided they do not act as an intermediary. The recipient of the data message is the one who gets the offer from the issuer of the data message and will be the one bound by the issuer if it accepts the offer.
Who is the intermediary in a data message?
The intermediary in a data message acts on behalf of another to send, receive, or file the data message or provide some service. However, it is not a commission agent, representative, or representative of the issuer or recipient. The intermediary is a service provider that facilitates the transmission of information by electronic means. Therefore, the site allows the parties (merchants) to attend to carry out acts of commerce. For example, Internet portals are where users buy and sell merchandise.
What is the electronic signature?
However, the electronic signature is the electronic data that can go in the data message, attached or associated with it, and that serves to identify the signatory. The electronic signature produces the same legal effects as the handwritten signature and is admissible as evidence in court.
What is an advanced or reliable electronic signature?
The advanced electronic signature is used in data messages or electronic documents. The refined electronic signature produces the same legal effects and will have the same probative value as the handwritten signature.
What elements must the person using the advanced electronic signature have?
Who is the signer of a data message? The person who uses the advanced electronic signature must have the following:
- A valid digital certificate.
- A private key is generated under your sole control.
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The signer is the person who possesses the signature creation data and who acts on his own behalf or on behalf of the person he represents.
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The signatory’s signature is the electronic signature, producing the same effects as the handwritten one. By signing, the sender of the data message is bound to the recipient; likewise, by signing, the receipt of the data message is attached to the sender.
What is a certificate?
It is all data message or other record that confirms the link between a signatory and the creation date of the electronic signature. The certificate is issued by a certification service provider.
Who can provide certification services?
The certification service can be provided by a notary and/or public broker, legal entity, or public institution that issues certificates or provides services related to the preservation of data messages, digital time stamping, and digitalization of documents printed on the terms established by the Official Mexican Standard on digitization and protection of data messages issued by the Ministry of Economy for this purpose.
Is there any procedure to be accredited as a certification service provider?
Yes, obtaining accreditation as a certification service provider was obtained before the General Directorate of Commercial Regulations of the Ministry of Economy, presenting the required information and making the corresponding rights payment.
What is a digital time stamp?
The digital timestamp is the record that proves that a piece of data existed before the date and time of issuance of the said stamp, in the terms established by the Official Mexican Standard on digitization and conservation of data messages issued by the Secretariat for this purpose. Moreover, Economics.
Does digital or electronic information have probative value in legal proceedings?
However, the federal code of civil procedures recognizes as evidence the information generated or communicated that appears in electronic, optical, or any other technology.
The data messages may be used as evidence in any proceeding before a legally recognized authority.
However, to assess the information of this type of evidence in a procedure, the method by which said information is generated, communicated, received, or filed is reliable and attributable to a specific person and accessible for subsequent consultation.
Do acts or businesses carried out through electronic means produce legal effects?
Yes, the acts or businesses carried out electronically are binding, have legal effects, and are valid as long as they meet the requirements outlined in the applicable laws.
Do data messages have the same legal effects as printed documentation?
Data messages have the same legal effects as printed documentation as long as they comply with the provisions of the commercial code, the federal code of civil procedures, and others that are applicable.
What is NOM-151-SCFI-2016?
NOM -151-SCFI-2016 is the Official Mexican Standard on the requirements that must observed for preserving data messages and digitizing documents by the commercial code. The Standard was published by the Ministry of Economy in the Official Gazette of the Federation on March 30, 2017.
What are the rights of consumers in transactions carried out through electronic means?
However, by the federal consumer protection law, consumers in transactions carried out through electronic, optical, or any other technology will have the right to know all the information about the characteristics, price, guarantees, terms, conditions, additional charges, and forms of payment of the goods or services offered by the supplier.
What are the provider’s obligations of goods or services that carry out commercial operations electronically?
However, suppliers that carry out commercial transactions through the use of electronic, optical, or any other technology must comply in carrying out these transactions with the provisions of the federal consumer protection law:
- Use consumer information confidentially unless expressly authorized by the consumer or at the request of a competent authority.
- Provide security and confidentiality of information.
- Provide the consumer before the transaction with their physical address, telephone numbers, and other information so that the consumer can request clarifications or claims.
- Avoid deceptive commercial practices regarding the characteristics of the products.
- Respect the consumer’s decision regarding the quantity and quality of the products they wish to receive.
- Respect the consumer’s decision not to accept receiving commercial advertisements.
- Do not use sales or advertising strategies that do not provide the consumer with clear and sufficient information about the services offered, especially marketing practices aimed at children, the elderly, and the sick.
Can the Federal Consumer Attorney’s Office (PROFECO) penalize suppliers that carry out commercial transactions through electronic or optical means or any technology?
Yes, the Federal Consumer Attorney’s Office (PROFECO) is empowered to apply and execute administrative sanctions and other measures established in the federal consumer protection law to suppliers that carry out commercial transactions through electronic or optical means or any technology, such as fines.
In addition, PROFECO may bring actions before the competent judicial authority, denounce before the Public Ministry the facts that may constitute crimes and that are of its knowledge, and also condemn before the competent authorities the acts that constitute administrative violations that affect the integrity and consumer interests.
Can commercial contracts be entered into electronically?
Yes, the civil code provides that contracts can entered electronically, known as electronic contracts.
Meanwhile, in electronic contracts, consent is expressed through electronic, optical, or any technology manifested in the contracting parties’ will.
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Explanatory note: The cases foreseen in the point of electronic commerce are diverse, and their configuration, in reality, may vary and, therefore, give rise to different legal consequences. However, what is mentioned in this space is merely informative and illustrative.
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