Regulating E-commerce in El Salvador
The social nature of the human being, and having found in the internet a way to constantly communicate, has developed in the current society the need of being always connected. As it was expected, is in this virtual exchange that the commerce has found a fruitful niche for its quick and easy expansion. The Law by its part, has been evolving with this reality, studying the legal implications of the use of these new technologies in commerce, and regulating aspects that considers convenient. The Salvadoran legislator has had its most recent approximations in this respect, establishing in the new reforms to the Consumer Protection Law minimum requirements that the trader must comply to practice its activity in electronic form.
The chargeback is one of the rights that Salvadoran legislator has had to explicitly recognize to those consumers that acquires goods or services through e-commerce. The article 13-D of the Consumer Protection Law, now establishes those cases in which the provider of goods and services has to perform a chargeback, as is the exercise of the right of withdrawal, mistakes in the transactions, or not having received well the acquired product, among others.
Prior to the approval of the commented reforms, El Salvador didn’t count with minimum requirements that had to be included in the terms and conditions of use. Most of traders that were using internet, drafted the same, on the basis of the ones used in other legislations. Considering that the content of the terms and conditions of use are already regulated in El Salvador, is important that the trader that uses internet or other electronic means, carefully reviews if it’s complying or not with the requirements established in the regarding Law.
The Data Privacy of the user or consumer is other relevant aspect that the Consumer Protection Law seeks to guarantee with the introduced reforms. This Law establishes that the use that the provider gives to the personal and credit information of the user is confidential, establishing as general rule that they cannot disseminate it or transmit it to third parties outside the transaction. However, as an exception to this rule, the legislator allows that, through explicit authorization of the holder, or by requirement of competent authority in the country, said information is shared.
Fermina Bolaños Meardi
García & Bodán