Currently in Mexico, electronic commerce has become a reliable, attractive and secure tool to carry out transactions electronically, through information technologies, every Mexican citizen has the right to engage in commerce, as established in the Political Constitution of the States. United Mexicans, in its article 5 that to the letter says:
Article 5 No person may be prevented from engaging in the profession, industry, trade or work that suits him, being lawful. The exercise of this freedom may only be forbidden by judicial determination, when the rights of third parties are attacked, or by governmental resolution, dictated in the terms established by law, when the rights of society are offended. No one can be deprived of the product of their work, except by judicial resolution.
The Law will determine in each State, which are the professions that need a degree for their exercise, the conditions that must be met to obtain it and the authorities that must issue it.
But this freedom focused on electronic commerce must have the necessary guidelines to be able to offer a product or service, I ask you, reader friend, do you know who regulates electronic commerce in Mexico?
Electronic commerce in Mexico is regulated through a legal framework that allows consumers to have adequate protection in order to avoid fraud at the time of consideration, this regulation began in April 1998, by the Organization for Cooperation and Economic Development (OECD) through its OECD Consumer Policy Committee, recommending that governments, suppliers, consumers and their representatives adhere to guidelines for the formulation and implementation of self-regulatory consumer protection schemes in the field of electronic commerce. (http://www.oecd.org/mexico/)
In Mexico, the Federal Consumer Protection Law was created, with the aim of promoting and protecting consumer rights and culture and seeking equity, certainty and legal security in relations between suppliers and consumers. That the following articles say to the letter:
ARTICLE 1.- This law is of public order and social interest and is observed throughout the Republic. Its provisions are inalienable and customs, uses, practices, agreements or stipulations to the contrary may not be alleged against its observance.
Fraction. VIII. The real and effective consumer protection in transactions made through the use of conventional, electronic, optical or any other technology and the proper use of the data provided;
ARTICLE 20.- The Federal Consumer Prosecutor is a decentralized social service body with legal personality and its own assets. It has functions of administrative authority and is in charge of promoting and protecting the rights and interests of the consumer and ensuring fairness and legal security in relations between providers and consumers. Its operation will be governed by the provisions of this law, its regulations and its statute.
ARTICLE 21.- The domicile of the Office of the Attorney General shall be Mexico City and shall establish delegations in all the federal entities and the Federal District. The federal courts will be competent to resolve all disputes to which it is a party.
ARTICLE 24. The attorney general's office has the following powers:
IX bis.- Promote, in coordination with the Secretariat, the formulation, dissemination and use of codes of ethics, by suppliers, that incorporate the principles established by this Law regarding the transactions they carry out with consumers through the use of electronic means, optical or any other technology;
The Federal Consumer Prosecutor's Office is in charge of verifying and regulating electronic commerce through the powers that the aforementioned law confers on it, such as solving problems between commercial transactions with online providers, and monitoring the existence of stores. virtual.
(Federal Consumer Protection Law) (http://www.profeco.gob.mx/internacionales/com_elec.asp).
Another of the laws created for the regulation of electronic commerce is the Federal Law of Economic Competition, which its articles that to the letter says:
Article 2 The purpose of this Law is to protect the process of competition and free competition, by preventing and eliminating monopolies, monopolistic practices and other restrictions on the efficient operation of the markets for goods and services.
For the purposes of this Law, the Secretariat, the Ministry of Economy, and the Commission shall be understood as the Federal Competition Commission.
Article 3 All economic agents are subject to the provisions of this Law, whether they are natural or legal persons, with or without profit, agencies and entities of the federal, state or municipal public administration, associations, business chambers, groups of professionals, trusts, or any other form of participation in economic activity. The economic agents who have adopted the decision and the one directly involved in the conduct prohibited by this Law will be jointly responsible.
Federal Law of Economic Competition
The Mexican Internet Association (AMIPCI), founded in 1999, was created for the development of the Internet Industry in Mexico; and integrates the companies that represent a true influence in the development of the Internet Industry in Mexico., the guideline is carried out through its board of directors, the purpose of this association is as follows
goals
- Help consolidate the Internet industry in Mexico. Bring together the sector participants that represent a true influence in the industry. Seek that the investments made by the industry are not threatened by provisions and situations generated by third parties. Exercise a common front in the face of decisions and official and private provisions regarding Internet-related operations. Promote and lobby the appropriate legislation to promote the Internet in Mexico. Carry out Market Studies that guide and promote the growth of the Internet, consolidating the figures for each sector and be recognized for it. Be the vehicle to find the most suitable training that responds to the interests of the partners.Channel the needs of our partners to the corresponding forums on Security. Be a platform of relations in the industry for the generation of business. Promote and maintain mutually beneficial relationships with associations and related bodies and within AMIPCI. Promote the use of new research and development trends in the Internet.
As you appreciate, dear reader, if Mexico is regulated in the field of electronic commerce, companies of all lines and small businesses must know, know the function and be in permanent contact with the following government agencies:
- Ministry of Economy, Ministry of Public Function, Ministry of Communications and Transportation, Ministry of Finance and Public Credit, Ministry of Public Education, Social Communication of the Presidency of the Republic, COFETEL, INEGI, BANCOMEXT, PPP, among others.
In order to obtain a legal framework that regulates the prevailing activities of companies, complying with the legal requirements that each of these agencies request and, likewise, the support is retroactive so that the Mexican government can become self-sustaining with the export of the products. nationals.
Bibliography
- Political Constitution of the United Mexican States.http: //www.oecd.org/mexico/. (sf).http: //www.profeco.gob.mx/internacionales/com_elec.asp. (sf). Federal Law on Economic Competition. Federal Law on Consumer Protection.
