New Changes to E-Commerce Regulations

This past October, a specific chapter was included in the Law to Promote Competition and Effective Defense of Consumers Regulations, in connection with “Consumer Protection in the context of E-Commerce”.

The main areas affected by this reform are the following:

  • Advertising on websites: There is now a list of mandatory information that must be included on every online shopping site.
  • Identification of advertising:All online advertising must be identified as such, and it’s required to mention the name of the advertiser. This directly affects the use of influencers, or the like.
  • Acceptance of obligations (opt-in mechanisms):The way in which consumers accept an online agreement must be made in an express and informed manner, without the possibility of including pre-selected check boxes.
  • Purchase confirmation:Once the sale has been made, it is an obligation to send the consumer a voucher slip/proof of purchase via email.
  • Complaints and customer feedback: All electronic means must include a free mechanism for consumers to send complaints and to receive customer feedback. Likewise, a mechanism to receive and publish customer reviews regarding the completed transactions must be included and made visible (including negative opinions).
  • Information and security:To send electronic communications on behalf of the business to clients, previous consent must be obtained from the consumers. Moreover, there must be a secure means (and it must be informed to consumers) to make transactions and payments, as well as a certifying entity in charge of information security management. The information must be treated confidentially and respecting the Law on Protection of Personal Data, and the General Law on Telecommunications.

These obligations must be followed, together with all other obligations previously established by Consumer Protection matters.

For further information, please contact [email protected]