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August 2025
LAC E-Commerce Regulation
Navigating local requirements for a global workforce can be challenging. This interactive tool allows you to explore, compare and contrast the e-commerce regulation in Latin America Region over 11 countries, quickly providing an overview of the e-commerce regulation landscape in the locations where you need it.
Juanita Acosta Partner D +57 601 746 7000
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Peru
Venezuela
Uruguay
Mexico
El-salvador
Ecuador
Colombia
Chile
Brazil
Bolivia
Argentina
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Patricia Barbosa Partner D +55 11 2117 3423
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El Salvador
© 2024 Dentons. All rights reserved. Attorney Advertising. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content.
South America
E-commerce in Argentina is governed by a combination of general consumer protection laws, commercial fairness regulations, and data protection norms. While there is no specific e-commerce statute, the digital offering of goods and services must comply with existing legal standards, which apply equally to physical and online commerce. The primary applicable instruments are:
These regulations collectively address data handling, pricing transparency, advertising, labeling, and language requirements.
Data Protection and Privacy Law
Argentina’s Personal Data Protection Law No. 25,326 governs the collection, processing, and transfer of personal data by any individual or legal entity, including e-commerce platforms. Key requirements include: Legal Basis for Data Processing: According to Argentina’s data protection law, personal data processing is only lawful when it aligns with certain legal principles and is performed with the data subject's consent. The requirement for the data subjects’ consent allows for some exemptions, such as public access to the information or contractual necessity. Consent must be freely given, express, and informed. Personal data protection principles: Recognized processing principles include lawfulness, fairness and transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, accountability. Processing of Sensitive Data: Sensitive data, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, and health information, cannot be processed unless necessary for public interest, statistics, or scientific research and to the extent it does not allow identification of individuals. Requirements for Data Transfers: Personal data can only be transferred with the subject's consent, for legitimate purposes, and with the obligation that the recipient adheres to the same legal standards. International transfers are prohibited to countries that lack adequate data protection standards, with exceptions for specific cases such as judicial collaboration or public health emergencies. Additional Safeguards for International Data Transfers: Transfers to countries without adequate protection are prohibited unless specific exceptions apply, such as international agreements, public health reasons, or judicial cooperation. Data subjects’ rights: Data subjects have the right to: Access personal data and receive clear, comprehensive information about their data. Request the rectification, updating, or deletion of inaccurate or outdated data. Be informed about the existence of databases and the purpose of data processing. These rights can be exercised within specific timeframes, ensuring data transparency and protection. Direct marketing: Requires prior consent and a clear opt-out mechanism. Data localization: No data residency requirements, but international transfers must comply with legal safeguards. Marketing databases: Businesses may process data to create consumer profiles or analyze consumption habits, but only if such data comes from public sources, has been provided by the individuals themselves, or was obtained with their consent. The AAIP (Agencia de Acceso a la Información Pública) is the enforcement authority and maintains the National Registry of Databases.
Resolution No. 4/2025 mandates final pricing in legal tender, optional foreign currency display, and disclosure of taxes, financing terms, and unit prices. The rules governing the display of prices require that businesses offering goods or services directly to end consumers must show prices in the country's legal tender (i.e., Argentine pesos). Prices may also be displayed in U.S. dollars or other foreign currencies in addition to being displayed in the country’s legal tender. The price shown must reflect the total and final amount payable by the consumer. Additionally, in smaller typeface than the final price, the net amount before VAT and other indirect national taxes must be shown. When prices are shown with financing options, the cash price, the number and amount of installments, and the total effective annual financial cost must be disclosed. The price per unit of measurement (e.g., per kilogram, liter, meter) must also be indicated in smaller print unless it is identical to the total price. Certain cases are exempt from displaying the tax-free price, such as when electronic scales are used to sell products by weight and issue paper or adhesive tickets. Finally, service providers offering services from, to, or in foreign countries may display and advertise their prices in U.S. dollars. Non-compliance can result in fines and penalties under consumer protection and fair trade regimes. Under Resolution No. 424/2020, businesses that sell products or services through websites or apps must offer consumers a “Revocation Button” on their homepage. Consumers have the right to withdraw from online purchases within ten calendar days from the date the product is delivered or the service is contracted, whichever occurs last. This button allows buyers to cancel a purchase or service contract made online. Once the request is submitted, the company must confirm the revocation within 24 hours, using the same online channel, and provide a cancellation code.
Sales promotions and pricing rules
Food labelling Food labeling law sets forth mandatory front-of-package labeling requirements for packaged food and non-alcoholic beverages sold in Argentina. If these products exceed defined thresholds (such as sugar, sodium, saturated fat, total fat, or calories), they must display a clear, indelible warning seal on the main display panel indicating the excess. Additionally, if the product contains sweeteners or caffeine, it must include specific precautionary statements just below the warning seals, advising that such ingredients are not recommended for children. These labeling requirements also apply to external packaging like boxes or crates that contain the regulated products, ensuring that health warnings remain visible throughout distribution. Energy consumption labelling Resolution No. 438/2024 of the Department of Commerce establishes the technical requirements and obligations related to energy efficiency labeling for new products that either require energy to operate or impact energy consumption. This regulation applies to a list of specific household appliances (e.g., TVs, microwaves, air conditioners, etc.) and aims to ensure that all such products sold in Argentina display standardized energy efficiency information. Manufacturers and importers must certify compliance through a sworn declaration and a conformity assessment procedure, and they are responsible for labeling the products accordingly, ensuring that no product is designed to manipulate performance under test conditions, and updating labels when test results diverge from previously declared information. Distributors and retailers, in turn, must request and retain a copy of the conformity declaration from their suppliers and guarantee that the energy efficiency label is visibly displayed on the product. They must also request the relevant label from manufacturers or importers if not provided, ensuring compliance with labeling visibility and sales requirements. This framework is intended to enhance transparency and promote informed consumer choices, while establishing clear responsibilities across the supply chain to prevent misleading practices and ensure accurate energy performance information. Others Specific products may be subject to further requirements by ANMAT or central bank regulations (e.g., pharmaceutical or cosmetic product
Product Labelling and Warnings
Packaged products labelling Packaged products sold in Argentina must include:
Under Argentine consumer law, all information directed at consumers must be provided in Spanish. This principle is reinforced by Decree 274/2019, which mandates the use of Spanish for product labeling, and by Resolution 12/2024, which sets standards for the clarity, format, and visibility of consumer information across all forms of media. Non-compliance with these requirements may result in regulatory sanctions or even the nullity of certain contractual provisions. In particular, terms and conditions that are not made available in Spanish may be deemed unenforceable against consumers, as they are presumed not to have been adequately informed of their rights and obligations.
Local language requirements
Consumer Protection Law No. 24,240
Fair Trade Decree No. 274/2019
Personal Data Protection Law No. 25,326
Resolution No. 438/2024 of the Department of Commerce (on energy consumption labelling)
Resolution No. 424/2020 of the Department of Commerce (on mandatory revocation button on e-commerce)
Resolution No. 12/2024 of the Department of Commerce (on advertising)
Resolution No. 4/2025 of the Department of Commerce (on price transparency and display requirements)
Product name
Country of origin
Quality/purity
Net content
Responsible party
Authorities do not conduct pre-approval of advertisements; their review occurs solely after the content has been released to the public. In some cases where specialized regulatory bodies have jurisdiction over specific matters, those authorities will take over the investigation and enforcement process (for example, pharmaceuticals advertising). Additionally, this regulation restricts certain promotional mechanisms to safeguard consumers from undue influence. It bans the use of games of chance or prize-based incentives that are tied to the purchase of goods or services, as well as promotional schemes that offer disproportionate rewards for the return of packaging or product parts. Comparative advertising is allowed but subject to strict rules: it must be accurate, objective, and focused on relevant and verifiable features. It must not cause confusion, discredit competitors, or take unfair advantage of a competitor’s brand or reputation. Resolution No. 12/2024 regulates advertising with offers, requiring details on scope, duration, and conditions. This regulation sets out general rules for advertising goods and services offered through any platform, including e-commerce. When a commercial communication involves a promotional offer, it must include key identifying information about the seller and details regarding the scope and duration of the offer. Advertisements must also make essential terms, conditions, and limitations of the offer clearly accessible to consumers, using legible text and ensuring that this information is presented in a way that is visible or audible depending on the medium used (digital, audio, video, etc.). For digital advertising specifically, such disclosures must be easy to locate and read within the online format. Additionally, if the advertisement includes prices—whether for cash or financed payments—it must present the total price in a way that is transparent and allows consumers to understand the full cost. In the case of financed offers, details such as down payments, installment amounts, interest rates, and other charges must also be included. To support transparency, advertisers are required to provide a webpage and/or a toll-free number where consumers can obtain full terms and conditions. This access point must be mentioned prominently in the ad and be available whenever the product or service is offered.
Argentina requires transparency in the presentation and advertising of prices, both online and offline: Decree No. 274/2019 prohibits deceptive practices and comparative advertising unless conditions are met. It sets out standards to ensure that advertising is truthful, transparent, and fair to consumers. It prohibits any form of communication that may mislead or confuse the public regarding a product’s or service’s features, such as its origin, composition, quality, price, or intended use.
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E-commerce in Brazil has long been subject to the general rules of the Consumer Defense Code (“CDC”), which apply to both online and offline transactions. However, due to the increasing number of online purchases in the country, Decree No. 7,962/2013 (the “Decree”) was enacted to supplement the CDC by introducing more specific rules addressing e-commerce. The Decree sets out additional obligations that apply exclusively to electronic transactions involving goods and services. With respect to the Decree and its provisions on e-commerce activities, it requires that suppliers: (i) provide clear and comprehensive information about products, services, and the supplier itself; (ii) offer accessible and efficient customer service; and (iii) ensure the exercise of the right of withdrawal in the manner prescribed by law. Among other requirements, key legal obligations for e-commerce in Brazil include:
Under the Consumer Defense Code (CDC) and Decree No. 7962/2013, prices must be clearly displayed in Brazilian Reais (BRL), including taxes, delivery fees, insurance, or any additional costs. Promotional offers must be honored under the advertised terms, and any restrictions or expiration dates must be explicitly disclosed. Misleading advertising or pricing practices are strictly prohibited. Brazilian consumer law also expressly prohibits tied selling, which consists of making the purchase of a product or service conditional upon the acquisition of another. This practice is considered abusive under the Consumer Defense Code. Suppliers must ensure that promotions and offers are clear and transparent, avoiding any wording that implies the consumer is required to accept a bundled deal.
Sales Promotions and Pricing Rules
E-commerce platforms in Brazil must comply with the General Data Protection Law (LGPD), which requires a valid legal basis for processing personal data. Consumers have rights such as access, correction, deletion, and portability of their data. Marketing communications require prior consent or must rely on legitimate interest, depending on the context. Transparency is key, and suppliers must implement effective security measures for handling personal data and online payments.
Data Protection and Privacy Laws
All products offered online must include clear and complete labeling in accordance with the CDC and specific sector regulations. This includes origin, composition, usage instructions, expiration dates, and applicable health or safety warnings. Products must comply with technical standards issued by regulatory agencies such as ANVISA and INMETRO. Essential product/service characteristics and any associated risks must be disclosed.
All information provided to consumers – including product descriptions, terms and conditions, customer support, and contracts – must be in Brazilian Portuguese. Suppliers must offer a contract summary before purchase, immediate confirmation of transactions and requests, and mechanisms for correcting errors during the purchase process. Effective customer service must be available for questions, complaints, and cancellation. Suppliers must also clearly display their identification and contact details, including a physical and electronic address.
Local Language Requirements
In Brazil, consumers have the right to cancel online or remote purchases within seven calendar days from receiving the product or signing the service contract. This right – known as the “right of withdrawal” – may be exercised even before delivery. No justification is required, and suppliers must provide clear information and accessible channels for its use. If exercised, a full refund must be issued, including shipping costs. Return logistics are also the supplier’s responsibility. Non-compliance may result in legal and administrative consequences.
Right of Withdrawal
In Brazil, many companies offer 30-day product exchanges as a courtesy, but this is not legally required unless the consumer exercises the right of withdrawal within seven days of delivery. After this period, exchanges or refunds are only mandatory in cases of product defects. Defects must be reported within 30 days for non-durable goods and 90 days for durable goods, from the date they are identified. If the issue is not resolved within 30 days, the consumer may demand a replacement, price reduction, or full refund.
Exchange and Return Policy
The Consumer Defense Code (CDC) and other Brazilian consumer protection laws and regulations are highly protective of consumers. Consumer protection authorities in Brazil are active and generally effective in enforcing these laws. The CDC establishes a strict and subsidiary liability regime. This means that, in addition to liability being independent of fault, the entire supply chain involved in the marketing of products and services must comply with consumer protection obligations. Each party may be held liable for infringements, even if not directly responsible for the violation. This includes cases such as phishing, or fraud committed by third parties. Even in these situations, there is a risk that liability may fall on the supplier. A line of Brazilian case law applies the theory of enterprise risk, under which companies may be held liable for the consequences of their business activities – regardless of fault – simply by engaging in the production, distribution, promotion, or sale of products and services to consumers. Penalties under the CDC, which may be imposed by courts or competent consumer protection authorities, vary depending on the nature of the offense and the harm caused to the consumer or others. These penalties may include: (a) fines – which may include amounts based on a percentage of the company’s revenue; (b) product disablement, seizure and/or destruction; (c) cancellation of product registration; (d) mandatory recall of products or services; (e) temporary suspension or total prohibition of performing activities; (f) criminal sanctions; and (g) compensation for material and/or moral damages (value to be determined by judicial authority depending on the damages proven and other requirements).
What are the material laws and regulations applicable to e-commerce in your country? E-commerce is not specifically regulated in Bolivia, and certain instruments that are essential for the development of e-commerce (such as a data protection law or rules for direct marketing) have not been incorporated into the Bolivian legal system. Nevertheless, Bolivian law is very protective of consumer rights, and any corporation looking to sell products or services in Bolivia, either traditionally or through e-commerce, should abide by the following rules.
Although there is no specific data protection law in Bolivia, privacy is recognized as a fundamental right in article 21.2 of the Bolivia Constitution. As a result there are constitutional means that allow users/consumers to object to, obtain the deletion of, or rectification of the data registered by any physical, electronic, magnetic or computer medium, in files or banks of public or private data, or that affect your fundamental right to privacy and personal or family privacy, or in your own image, honor and reputation, by way of the Action for the Protection of Privacy.
Data protection and privacy laws, including with regard to direct marketing
All labeling and marketing material must be provided in Spanish.
Articles 13 and 14 of the consumer protection law state several information requirements that must be provided to the consumer. Even though they do not specifically require that this information is conveyed through labeling, it is common to do so for many of these. These informational standards are: Information must be truthful, complete, adequate, free, and timely regarding the characteristics and contents of the products they consume and the services they use. Provide information on the characteristics, nutritional composition, usage instructions, or storage conditions of the offered products or services. Provide information on any potential risks to health or physical integrity resulting from the consumption or use of the product or service. In the case of food products or services, the provider is obligated to ensure accessible information regarding the quality of the product or service and specifications of its main characteristics. Display the total price in the national currency, including applicable taxes, fees, and charges. Provide timely information on service tariff adjustments, as well as the range of prices available for the same product or service. Provide information in the Spanish language, using complementary labeling if necessary, and, where possible, in another official language of Bolivia. Indicate weight, measurement, or volume equivalencies on labels when not using the national system of weights and measures. Provide the necessary information when there is a variety of products or services with similar characteristics, allowing users and consumers to make informed decisions in their best interest. In the case of medicines with the same active ingredient or generic name, offer available alternatives. Indicate the relevant information for offers when advertising price reductions and promotions. For specific sectors (such as food and medicine), labels must be approved by the regulator and convey specific information that varies depending on the product.
Product Labelling/Warnings
Regarding sales promotions, these are defined under the rules of the consumer rights law as activities aimed at increasing sales of products and services, attracting customers, or retaining existing ones in exchange for prizes in cash, products, or services, awarded through raffles, chance, or any other means of obtaining the prize, also including activities where sales include prizes of limited availability. Any commercial promotion must expressly, clearly, and precisely state the conditions of the promotion, specifying the location, method, start and end date, and specifying the means to present complaints. Since the legal definition of a business promotion requires an element of uncertainty, they must be approved by the gaming authority in order to be launched to the market. Nevertheless, simple price reductions and other discounts do not constitute promotions and therefore do not require authorization. Incidentally, discounts and rebates in B2B relationships may be considered anticompetitive if they are granted on the condition of cutting off and/or avoiding business relationships with third parties, provided that the entity offering the discount or rebate holds market power in the relevant market. Similarly, an entity that holds market power within the relevant market must observe certain pricing-related rules. For example, engaging in predatory pricing (i.e. setting prices below average variable costs or total costs) and imposing minimum resale prices on its distributors are forbidden, where applicable. In addition, price fixing between competitors is strictly prohibited under Bolivian law, regardless of whether the entities involved hold market power in the relevant market. The same principle applies to the exchange of information between competitors that facilitates price fixing (e.g. production volumes).
Chilean regulations require all essential product and contract information to be available in Spanish. This includes product descriptions, prices, terms and conditions, warranties, and instructions. E-commerce platforms targeting Chilean consumers must provide this information in clear and understandable Spanish to comply with consumer protection laws. This ensures transparency and allows consumers to make informed decisions without language barriers.
All products sold in Chile, including through e-commerce, must be properly labelled in Spanish with information on ingredients, usage, and country of origin. Imported goods must be relabeled if they lack this information. In general, labels must comply fully even when products are sold online, including visual display of warnings and key product information. There are also industry specific labelling regulations. In the Food Industry, Chile mandates front-of-package warnings for foods high in calories, sugar, sodium, or saturated fat. Alcohol advertising is strictly regulated, and Tobacco advertising is prohibited. Regarding chemicals, the use of hazard symbols under the Globally Harmonized System (GHS) applies. Finally, in the Entertainment industry (i.e. Videogames, Media) products must be rated according to content and age restrictions.
Under Chile’s Consumer Protection Act, any sales promotion or discount must clearly state its terms, duration, and any limitations—whether for an offer or a contest—must be clearly disclosed to consumers in advance. Companies must respect the advertised prices and offers and cannot make misleading claims, and recent updates require all online prices to include VAT and any other additional charges upfront. A new unit pricing regulation (Decree 38-2024 from the Ministry of Economy, effective from September 2025) will require retailers, including e-commerce platforms, to display the price per unit of measure to allow easier price comparison for consumers.
Chile recently passed a new Personal Data Protection Law (Law No. 21.719), aligning its privacy rules with global standards like the GDPR. It strengthens consumer rights regarding their data, and creates an independent supervisory authority, the National Data Protection Agency. Until it is fully in force (by December 2026), the existing law still applies. Regarding direct marketing, although in its not expressly stated, Data Protection law implies that businesses must obtain lawful consent to collect personal data. The Consumer Protection Law mandates all must sellers provide clear opt-out mechanisms for direct marketing, and promotional emails must identify the sender and offer a simple way to unsubscribe.
What are the material laws and regulations applicable to e-commerce in your country? In Chile, e-commerce is governed by a range of laws and regulations, most notably Law No. 19,496 on Consumer Protection and Law No. 19,628 on Data and Privacy Protection. In recent years, significant updates have been introduced, including Law No. 21,081, the “Pro-Consumer Law,” which addresses the handling of basic personal data and some contractual aspects of digital advertising. A especially noteworthy regulation is the "derecho al retracto" (right of withdrawal), consumer's right to cancel an online purchase within a period of 10 days. Additionally, the Ministry of Economy, Development and Tourism issued Supreme Decree No. 6, which sets forth the E-Commerce Regulation. This regulation covers requirements for online disclosure of seller and product/service information—such as pricing, stock availability, warranties, and shipping—as well as rules regarding online promotions.
In Colombia, the primary legislation governing consumer protection, including e-commerce, is Law 1480 of 2011 ("Consumer Protection Law"). This law requires service providers to deliver clear, truthful, and sufficient information about products and services. It also establishes key consumer rights, including specific protections for e-commerce operations, such as the right of withdrawal and the right to payment reversal, the latter regulated under Decree 587 of 2016. Regarding pricing transparency, providers and suppliers must disclose the retail price in Colombian pesos, inclusive of all applicable taxes and additional charges. Prices must be clearly and visibly displayed, and consumers are only obligated to pay the advertised amount. The Superintendence of Industry and Commerce (SIC) regulates how prices should be visually presented and may authorize the use of other currencies in certain sectors. For product labeling, requirements depend on the nature of the product or service it would be required to include additional labels. Products that may be harmful to health due to their components must carry clear and legible warnings about their risks, instructions for proper use, and contraindications. This information must appear on the label, container, packaging, or in an accompanying insert. It is essential to provide all relevant information about the product and its proper use to prevent risks to the safety, health, and lives of consumers. This is without prejudice to any specific regulations applicable to certain products and/or services. Please note that in 2024, Law 2439 of 2024 ("E-commerce Law") was enacted to provide further provisions specifically regulating e-commerce. This law introduced several key updates: Reduced withdrawal period: The consumer's right of withdrawal was shortened from 30 to 15 calendar days. Mandatory disclosures: E-commerce platforms must clearly inform consumers about product/service availability, validity, and specifications. Electronic financing: Stricter obligations were introduced to ensure transparency around interest rates and payment terms for digital financing options. Attention channels: providers must ensure accessible channels for receiving and managing requests. On the other hand, there are specific regulations for conducting sales promotions and events, such as obtaining prior authorization from the relevant authority, and providing specific conditions to consumers, as outlined in Law 643 of 2001 and local regulations. In terms of data protection and direct marketing, since e-commerce involves the processing of personal data, operations must also comply with Colombia’s data protection framework, primarily established under Law 1581 of 2012 ("Data Protection Law") and Decree 1377 of 2013. Particularly, companies are required to obtain the data subjects' prior, informed, and express consent in order to lawfully process their personal data for marketing / publicity purposes; and shall then process the data in accordance to the principles set forth under the law. Furthermore, the Superintendence of Industry and Commerce (SIC)—the authority overseeing both consumer and data protection- issued the "Guideline for Data Processing for Advertising and Marketing", along with External Circular No. 006 on the "Processing of personal data for advertising, marketing or commercial prospecting purposes", that provide additional guidance in how data subjects' / consumers' data can be used, and requires companies to, in addition to obtaining a valid and specific consent prior to sending any advertising communications to consumers, complying with additional recommendations, such as carrying out data protection impact assessments, and consider privacy by default when carrying out such operation. Please find the guideline and the external circular in the following links:
Guideline
Circular
Product labeling in Ecuador is regulated by the Ecuadorian Standards Institute (INEN). Labeling requirements are product specific. Please let us know if you have any questions regarding a specific product that we can assist you with.
Ecuador's Consumer Law governs sales promotions and pricing practices to protect consumers from deceptive or unfair practices. Key aspects include: Transparent Pricing: Prices must be clearly displayed, and any additional charges should be disclosed upfront and agreed to by the consumer. Promotional Offers: Promotions must not be misleading. Any conditions or limitations associated with promotional offers should be clearly communicated to consumers. Influencer Marketing: Influencers promoting products or services online must adhere to advertising regulations, ensuring that the information provided is not misleading.
Ecuador's primary legislation on data protection is the Organic Law on the Protection of Personal Data (LOPDP), enacted in May 2021. This law aligns closely with the European Union's General Data Protection Regulation (GDPR) and establishes comprehensive rules for the processing of personal data. Key provisions include: Consent Requirement: Personal data must be processed based on the data subject's consent or another lawful basis. Data Subject Rights: Individuals have rights to access, rectify, delete, and object to the processing of their personal data, among others. Data Protection Officer (DPO): Organizations processing personal data on a large scale or sensitive data are required to appoint a DPO. Cross-Border Data Transfers: Transfers of personal data outside Ecuador are regulated to ensure adequate levels of protection. Direct Marketing: Direct marketing activities involving personal data are subject to the LOPDP. Data subjects have the right to object to the processing of their data for direct marketing purposes. Cookies and Online Tracking: The use of cookies and similar technologies requires the user's informed consent. Unauthorized collection of personal data online is prohibited. Non-compliance with the LOPDP can result in administrative sanctions, including fines ranging from 0.1% to 1% of the company's turnover, depending on the severity of the infringement.
This law is the backbone for e-commerce regulation. Key aspects include: Electronic contracts are valid - same as paper based contracts. Strict opt-in and opt-out rules for commercial communications (unsubscribe button). Similar to the consumer law already discussed, this law also states that consumers must receive clear and complete information before giving consent.
E-Commerce, E-Signatures and Data Messages Law and Subregulation
Spanish is the official language of Ecuador and is required for all product labels, user manuals, warranties, and marketing materials.
Ley de protección al consumidor (Consumer Protection Law) Central American Labeling Regulations
Ley de protección al consumidor (Consumer Protection Law) *The general regulation of labeling and warnings is found in the Consumer Protection Law; however, there are Central American labeling regulations for different types of specific products such as food, textiles, medicines, electrical products, among others.
Ley de comercio electrónico (e-commerce law) Ley de protección al consumidor (Consumer Protection Law) *In El Salvador, as a general rule, there are no price regulations for products, but only for specific products such as medicines and propane gas.
Ley para la protección de datos personales (Law for the protection of personal data) Ley de protección al consumidor (Consumer Protection Law) Ley de comercio electrónico (e-commerce law)
On data protection and data privacy issues
The principal’s material laws and regulations applicable to e-commerce are:
In Mexico, the regulation of data protection and privacy within the e-commerce sector is primarily governed by the Federal Law for the Protection of Personal Data held by Private Parties (LFPDPPP). This Law was published in the Official Gazette of the Federation and entered into force on March 21, 2025 which abrogates the homonymous law published in 2010. The LFPDPPP in Mexico establishes regulations for the protection of individuals' personal data. In the context of electronic commerce (e-commerce), this law has important implications for companies that collect, use, and store their customers' data. What does this mean for e-commerce in Mexico? Informed Consent: E-commerce platforms must obtain explicit and clear consent from users before collecting their personal data. This is usually done through privacy notices and user acceptance. Privacy Notice: Companies must provide a privacy notice detailing the personal data that will be processed, identifying sensitive data, and distinguishing between purposes that require consent and those that do not. Companies should update all Privacy Notices by adding mandatory elements and removing outdated ones. While reporting on data transfers is no longer required, maintaining this information is recommended to ensure transparency and align with frameworks like the European GDPR (General Data Protection Regulation). Data Subjects' Rights: Consumers have rights over their data, such as accessing, rectifying, canceling, or opposing the use of their data (ARCO rights). Security Measures: It is mandatory to implement technical, human, and physical measures to protect personal data against unauthorized access, loss, or misuse. Responsibilities: E-commerce platforms are responsible for complying with the law, including proper data management and responding to data subjects' requests. Incident Notification: In the event of a security breach affecting personal data, companies must notify authorities and the affected data subjects. Retention Period: Personal data must be deleted only after this period has elapsed and after having been previously blocked, when they are no longer necessary for the intended purposes. What should e-commerce businesses do to comply with the LFPDPPP? Develop and update a clear and accessible privacy notice. Implement internal policies for data protection. Train staff on data protection matters. Obtain prior and written consent or consent through electronic means that prove acceptance. Appointing a Data Protection Officer (DPO). Establish procedures to handle data subjects' requests. Regarding direct marketing, Mexican data protection laws impose specific restrictions to protect consumers from unsolicited communications. Companies engaging in direct marketing activities via email, SMS, or other electronic means are required to adhere to principles of lawful processing and obtain prior consent, except in cases where there is an existing commercial relationship. Additionally, consumers have the right to revoke their consent at any time and request the removal of their personal data from marketing databases.
Data Protection and Privacy Laws, Including with Regard to Direct Marketing
Material Laws and Regulations Applicable to E-Commerce in Mexico The growth of e-commerce has transformed the way consumers and businesses interact, prompting the development of comprehensive legal frameworks that ensure consumer protection, fair trade practices, and trust in online transactions. In this context, businesses must adhere to regulatory requirements by fulfilling both formal and substantive legal obligations, in terms of:
Tax Compliance for E-commerce Businesses One of the most significant changes in Mexico’s e-commerce regulations is the enforcement of tax compliance for online businesses. The government has introduced measures to ensure that digital businesses contribute their fair share of taxes. These include: Value Added Tax Law. VAT (Value-Added Tax) on Digital Services: Since June 2020, foreign digital service providers, including e-commerce platforms, must charge a 16% VAT on sales to Mexican consumers. Income Tax Law. Income Tax Withholding: Online marketplaces are required to withhold income tax on behalf of sellers operating on their platforms. The withholding rate varies based on the seller’s monthly revenue. E-commerce businesses, whether domestic or foreign, must register with Mexico’s tax authority (SAT) to comply with these regulations. Consumer Protection and Transparency Mexico’s consumer protection laws now extend to e-commerce businesses, ensuring that buyers receive clear and accurate information before making a purchase. The regulations established in the Federal Consumer Protection Law (LFPC) mandate: Transparent Pricing: Sellers must clearly display prices, including taxes and additional fees, so consumers can make informed decisions. Return and Refund Policies: Online retailers must provide clear return and refund policies, aligning with consumer rights. Truthful Advertising: Misleading advertisements, false claims, or hidden terms and conditions are strictly prohibited. Customer Support Availability: E-commerce platforms must offer accessible customer service to address complaints, returns, and other issues. Data Privacy and Protection As digital transactions continue to grow, ensuring data security has become increasingly important. The updated regulations impose more rigorous standards on how companies manage consumer information, including: Secure Payment Processing: E-commerce platforms must ensure secure transactions to protect customers from fraud. This in accordance with the Federal Consumer Protection Law (LFPC) and the Code of Ethics for Electronic Commerce issued by the Mexican Federal Consumer Protection Agency, known as PROFECO. User Consent Requirements: Consumers must have the ability to opt-in or opt-out of data collection and marketing communications. Regulations for Cross-Border E-commerce Aiming to ensure that international sellers adhere to the same standards as domestic companies, including: Taxation Compliance: International sellers are obligated to adhere to Mexican VAT laws and, where applicable, establish a local tax presence in Mexico. Import and shipping Regulations: Goods brought into Mexico from other countries must conform to national import standards, including correct labeling and precise customs documentation. Consumer Rights Protections: Foreign companies offering products to Mexican customers are required to uphold consumer rights and protections equivalent to those provided by domestic retailers.
Mexican e-commerce regulations regarding product labeling and warnings are primarily governed by the Federal Consumer Protection Law (LFPC), the Mexican Institute of Telecommunications (IFT) and the NOM-051 standard. Telecommunications and broadcasting products On October 2, 2024, the IFT issued an update to the Guidelines for Radio and Telecommunications Equipment Type Approval, incorporating the IFT Label as a new requirement for the marking or labelling of telecommunications and broadcasting products. Every approved product must feature either physical or electronic marking, which can be in printed, digitized, or reproduced form. Food Products (NOM-051-SCFI/SSA1-2010 - General Specifications for Labeling of Prepackaged Food and Non-Alcoholic Beverages). Specifically, the NOM-051 standard addresses front-of-pack nutrition labeling, requiring clear warnings for products high in calories, saturated fats, sodium, and sugars. This includes specific requirements for the placement of warning labels and limitations on marketing practices, particularly those appealing to children. Front-of-Pack Nutrition Labeling: The NOM-051 standard mandates the use of octagonal warning labels on prepackaged foods and beverages that exceed the daily recommended limits for calories, saturated fats, sodium, or sugars. Warning Labels: These labels must be clearly displayed on the product's packaging, typically in the upper right corner, and must not be obscured by other marketing elements. Prohibition of Marketing to Children: Products with warning labels cannot include cartoon characters, celebrities, or other imagery that is likely to appeal to children. Federal Consumer Protection Law – Applied by the Federal Consumer Protection Agency (PROFECO) The PROFECO is the main agency responsible for enforcing consumer protection laws, including those related to e-commerce, with the following as key regulations: Accuracy and Verifiability of Advertising: Requires that advertising be truthful, verifiable, clear, and free from deception or abuse. Consumer Rights: Grants consumers the right to receive complete, truthful, and understandable information about products and services, including warnings about potential risks. Online Store Monitoring: PROFECO has launched a digital tool to monitor e-commerce websites for compliance with consumer protection laws. Ethical Code on Electronic Commerce: PROFECO has also developed an Ethical Code on Electronic Commerce to promote responsible online practices.
In Mexico, the local language requirement for e-commerce regulations is primarily Spanish. While other languages are permissible, Spanish is the official language and the primary language for e-commerce platforms, websites, and product labels. Product Labelling: Products destined for sale in Mexico must be labeled in Spanish, and this includes all information required by applicable technical regulations (Normas Oficiales Mexicanas or NOMs). Consumer Protection: The Federal Consumer Protection Law in Mexico also requires e- commerce businesses to provide information in Spanish, ensuring consumers have access to the necessary details about the products they are purchasing. Online Advertising: E-commerce businesses in Mexico must also ensure that all advertisements are accurate, verifiable, and free from misleading information. Privacy Notices: Privacy notices, required for processing personal data, must be clear, comprehensible, and in Spanish. The LFPDPPP and its regulations outline these requirements. Compliance: Businesses must ensure compliance with NOMs and other technical regulations, which often require information to be in Spanish. Note that our comments are based on the regulatory framework in force at the time this letter was issued.
Marketplace and Platform Responsibilities Online marketplaces play a crucial role in Mexico’s e-commerce landscape. In response to evolving regulations, the government has assigned additional duties to these platforms to ensure adherence to the latest compliance requirements. These responsibilities encompass: Seller Verification: Marketplaces are required to confirm the identity and tax status of all sellers operating on their platforms, ensuring transparency and compliance with regulatory standards. Tax Collection and Reporting: Platforms hold the responsibility for deducting applicable taxes and accurately reporting seller earnings to the Mexican tax authorities, facilitating proper tax compliance. Enforcement of Consumer Protection Laws: Marketplaces must ensure that every listing adheres to established advertising, pricing, and return policies, safeguarding consumer rights and maintaining fair marketplace practices.
Regarding the language in which consumer information must be provided, the Consumer Protection and Defense Code establishes that all information must be provided in Spanish. On the other hand, the Personal Data Protection Law does not expressly require that the privacy policy or the means used to fulfill the duty to inform the data subject be provided in a specific language. However, it does state that the information must be presented to the data subject in a simple and unequivocal manner. Given that Spanish is the official language of Peru and that many data subjects may not speak other languages it is strongly advisable to provide this information in Spanish to avoid questioning.
The Consumer Protection and Defense Code requires that packaged products must have visible and legible labeling, in accordance with the corresponding sectoral standard, including information on ingredients and components in the case of food or health products. If the product is used, defective, reconstructed, or remanufactured, this condition must be clearly stated on the article itself, packaging, or proof of payment. For products containing hazardous substances, the use of appropriate packaging and the inclusion of prominent warnings on their use and handling are required. In addition, any hazard warnings must be issued promptly, in accessible language and with an indication of the type of hazard, possible mitigation measures and a free source of additional information. In the case of foods, labels must reflect their true nature, provide information on trans fats, genetically modified components and, if applicable, their duly certified organic status. Likewise, the Labelling Law provides that the labelling of any manufactured industrial product must indicate the following: (i) name or designation of the product; (ii) country of manufacture; (iii) if the product is perishable: expiration date, storage conditions, and observations; (iv) condition of the product, in the case of defective, used, rebuilt, or remanufactured items; (v) net content of the product, expressed in units of mass or volume, as applicable; (vi) if the product contains any ingredient or raw material that poses a risk to the consumer or user, it must be declared; (vii) name and legal address in Peru of the manufacturer, importer, packager, or responsible distributor, as applicable, along with their Taxpayer Registry number (RUC); (viii) warning of any risks or dangers that could arise from the nature of the product or its use, when such risks are foreseeable; (ix) emergency treatment in case of harm to the user’s health, when applicable; and (x) country of origin, in the case of packaged or primarily processed agricultural food products.
Regarding the rules on sales promotions and prices, the Consumer Protection and Defense Code provides that every supplier must inform in a clear and truthful manner about the conditions of promotions, applicable discounts and the final prices of the products or services offered. The price displayed must include all associated costs, such as taxes, commissions, or additional surcharges, to avoid misleading practices. The code also prohibits the use of fictitious offers and obliges the supplier to have sufficient stock according to the terms of the promotion. A recent precedent regarding misleading advertising is Resolution No. 028-2025/SDC-INDECOPI, in which Ópticas GMO Perú S.A.C. was sanctioned for advertising a 50% discount on the second pair of eyeglasses, when in fact the promotion only applied if one of the products was an ophthalmic frame with lenses or sunglasses with measurement. This condition was not clearly informed in the main message, which misled the consumer. INDECOPI qualified the fact as an act of advertising deception, imposing a fine and ordering the registration of the company as an infringer.
In Peru, data protection and privacy are governed by a legal framework aimed at safeguarding individuals' personal information and regulating how businesses can collect, process, and use such data for, among others, promotional purposes in e-commerce. Law No. 29733 – the Personal Data Protection Law – establishes that the collection and processing of personal data must be carried out with the prior, informed, explicit, and unequivocal consent of the data subject. This law safeguards rights such as access, rectification, cancellation, and opposition, and requires providers to adopt appropriate security measures to protect users’ personal information. Its regulations further develop technical aspects such as the registration of personal data banks, required security levels, and procedures for the exercise of data subject rights. Additionally, Law No. 32323, published on May 9, 2025, amended Article 58 of the Consumer Protection and Defense Code, strengthening the prohibition of unsolicited commercial communications, commonly known as spam. This law explicitly prohibits companies from making phone calls, sending text messages, mass emails, or other promotional communications without the consumer’s prior, free, and informed consent. It also establishes that such consent can be revoked at any time, without the need to provide a reason, and with immediate effect.
Under Consumer Protection Law No. 17,250, consumers have the right to have “Sufficient, clear, truthful information in Spanish, without prejudice that other languages may also be used...” about any product and/or services offered. Law 17,250 seeks to guarantee consumers the protection of their basic rights, ensuring access to clear, visible and truthful information on what they consume, to avoid misleading consumers and harming human health.
Decree 167/021, dated June 8, 2021, regulating Resolution No. 37/19 of the Southern Common Market Group (MERCOSUR) on Consumer Protection in Electronic Commerce, provides that in electronic commerce consumers must be guaranteed, throughout the transaction process, the right to clear, sufficient, truthful and easily accessible information about the supplier, the product and/or service and the transaction. Thus, the supplier must make available to consumers, on its website and other electronic media, in an easily viewable location and prior to the formalization of the contract, the following information:
Additionally, the provider must ensure that the contract terms are accessible in a way that allows consumers to read, save, and store them in an unalterable format. Contracts must be drafted in clear, complete, and easily legible language, and must avoid references to documents not provided at the time of the transaction. An express confirmation mechanism must be implemented so that consumer silence is not interpreted as consent. Consumers also have a recognized right of withdrawal or revocation, allowing them to cancel a purchase or service contract. To facilitate this, providers are required to offer efficient customer service and complaint-handling channels, accessible to all users. Decree 167/021 empowers the Consumer Protection Unit to monitor websites and detect infringements related to e-commerce. This enforcement capacity is reinforced by Article 50 (second paragraph) of Law No. 17.250, which authorizes the competent authority to take necessary measures to ensure the effective protection of consumer rights. Lastly, if a website intends to launch a sales promotion that includes a prize draw, meaning the promotion encourages the purchase of a product or service and includes a random prize giveaway, prior authorization from the Consumer Protection Authority must be obtained at least 20 days in advance. This requirement applies to both online and offline sales promotions and is governed by Article 228 of Law No. 15.851, as regulated by Decree No. 449/995, which sets out the rules for so-called commercial promotions.
Principle of security – Data processor must adopt measures deemed necessary to guarantee the security and confidentiality of personal data (Article 10, Law 18,331). Principle of confidentiality – Data must be used in a reserved manner and exclusively for the usual operations of the business or activity and cannot be disclosed unless with a prior consent of data subject, or under the exceptions specifically stated by the DPA (Article 11, Law 18,331). Principle of proactive responsibility – Data controller is responsible for the violation of the provisions set forth in DPA before the URCDP under which appropriate technical and organizational measures must be adopted to guarantee an adequate data processing and prove its implementation (Article 12, Law 18,331, as amended by Law 19,670). This principle includes the privacy-by-design and privacy-by-default. The DPA also requires appointing a Data Protection Officer ("DPO") and/or having a Data Protection Impact Assessment ("DPIA") in certain scenarios (DPO: Article 40, Law 19,670 and Article 10, Executive Decree 64/020 / DPIA: Article 12 and 18-BIS, Law 18,331 and Article 6 of Executive Decree 64/020). Among others, DPO is mandatory when large amounts of personal data are processed (over 35,000 data subjects) while DPIA is required when processing data of vulnerable people. The DPA provides that data controllers/processor must ensure and protect data subjects’ rights such as right of information (article 13), access (article 14), rectification, update and erasure (article 15), and the right to challenge personal assessments (article 16). In relation to direct marketing, article 21 of the DPA provides that when data is used for profiling for promotional, commercial or advertising purposes or to analyze consumption habits, prior express consent is required (except when the data is publicly available) and data subjects have the right to request the removal or blocking of their personal data that is used for promotional, commercial or advertising purposes. In addition, please note that Law No. 19,996 created a National “Do Not Call Registry” where data subjects can register their phone number to avoid unsolicited calls and/or SMS-based marketing messages. The registry is managed by the Communications Services Regulatory Unit (“URSEC” for its acronym in Spanish “Unidad Reguladora de Servicios de Comunicaciones”). Email advertising is explicitly excluded from this registry.
In Uruguay, the primary legal framework applicable to consumer protection in e-commerce is Law No. 17.250, which sets forth general principles on consumer rights. This law applies to both traditional and online commerce, as the Consumer Protection Authority (Defensa del Consumidor) interprets and supervises both under the same standards of transparency, truthfulness, and clear information. In addition, Decree No. 167/021 broadened the scope of consumer protection by explicitly including contracts for goods and services entered into through electronic means. This decree also incorporated into domestic law Resolution No. 37/19 of the MERCOSUR Common Market Group, which specifically regulates consumer protection in the context of e-commerce. This resolution establishes that, in online transactions, consumers must be guaranteed, throughout the purchasing process, the right to receive clear, sufficient, truthful, and easily accessible information about both the provider and the product or service offered. The following information must be visibly disclosed by the provider, prior to the conclusion of the transaction:
Decree No. 141/992 of April 2, 1992, regulating Resolution 10/991 of the Southern Common Market Group (MERCOSUR) on food product labeling, extends the labeling regime to all products, regardless of their origin, packaged in the absence of the customer and ready to be offered to consumers, which must comply with certain minimum requirements in order to avoid misleading advertising. Moreover, the Decree No. 141/992 provides that every manufacturer, fractionator or importer, before delivering products for consumption, must comply with labeling requirements, which shall contain at least the following information in Spanish, with characters of good size, prominence and visibility, without prejudice to the existence of texts in other languages:
Any other information or graphic representation that is not in contradiction with the mandatory requirements foreseen may be presented on the labeling. The lack of label or label without the required data, as well as any discrepancy between such data and the content of the product, is considered as misleading advertising. Also, the regulation establishes that labeled products may not be described or presented with a label which:
Regarding food specifically, Decree No. 117/006 dated April 27, 2006, declared applicable the document called “MERCOSUR Technical Regulations for the Nutritional Labeling of Packaged Foods”, which was approved by MERCOSUR´s Resolution No. 44/03. This regulation stipulates that packaged foods must have nutritional labeling to allow the consumer “to know the nutritional properties of foods, contributing to their adequate consumption”. This labeling consists of a declaration of nutrients (mandatory as of 01/08/2006) and is defined as “any inscription, legend, image or any descriptive or graphic matter that has been written, printed, stencilled, marked, embossed or rotogravure marked or affixed to the food package”. The labeling of the packaged food informs the consumer about the name and brand of the food, its ingredients, country of manufacture, instructions for its use and conservation, expiration date, clarifying that the information on the label must be clear and accurate; not misleading or confusing for the consumer. Also, the labeling must contain the following information: energy value, protein, carbohydrates, total fat, dietary fiber, saturated fat, trans fat and sodium. This nutritional information should be grouped in one place, structured as a table, with figures and units in the columns. Alternatively, a linear form can be used. The National Bromatological Regulation, approved by Executive Decree No. 315/994 of 05/07/1994, aims to ensure that the information provided to consumers is easy to understand, facilitating their knowledge regarding the nutritional properties of foods in order to contribute to the proper selection of the same. The National Bromatological Regulation refers to labeling as “...any inscription, legend, image or any descriptive or graphic matter that has been written, printed, stencilled, marked, embossed or stamped or affixed to the food package”. Section 4 provides that all food marketed in Uruguay (whatever its origin, packaged in the absence of the customer and ready to be offered to consumers) must be labeled in accordance with the general principles set forth in the Bromatological Regulations. In this sense, the labeling will not be admitted when:
On the other hand, the same section determines mandatory information that must appear on the labeling. Namely: Sales denomination of the food List of ingredients Net contents Identification of the origin Lot identification Date of minimum durability Preparation and instructions for use of the food, when applicable. Also, information must be written in Spanish language with characters of good size, prominence and visibility, without prejudice to the existence of texts in other languages. On the other hand, Decree 272/018 of August 29, 2018, modified the National Bromatological Regulation approved by Decree No. 315/994, in the regulations related to food labeling (Section 4), contemplating the inclusion of front labeling. To determine whether a product must have front labeling, a process must be carried out where it is analyzed that the food: Is packaged in the absence of the customer. Is ready to be offered to consumers in the national territory. Current regulations require nutritional labeling. Sodium, sugar or fats have been added in its elaboration process or its ingredients, and whose composition in the final product exceeds the values established in the regulations. At present, there is no express regulation on front labeling regarding advertising. Consequently, there are no express regulatory measures regarding preventive messages, warnings or illustrations that must be compulsorily incorporated into the advertising message. Notwithstanding the above, advertised products must show the same labeling with which they are marketed. Non-compliance with this could be considered misleading advertising.
a.
Trade name, legal entity name, physical and electronic address.
Customer service email address.
b.
Provider’s tax identification number.
c.
Manufacturer’s identity, where applicable.
d.
Separate itemization of additional charges (shipping, insurance, etc.).
h.
Final price, inclusive of taxes.
g.
Essential characteristics of the product or service, including any health or safety risks.
f.
Health registrations or prior authorizations, if required.
e.
Any other relevant features that consumers should be made aware of.
l.
Legal or contractual warranty conditions.
k.
Terms, conditions, and/or limitations of the offer and product/service availability.
j.
Payment methods, number and frequency of installments, and total financial cost (for credit sales).
i.
Any other relevant condition or characteristic of the product or service that should be known to consumers.
The conditions to which the legal and/or contractual warranty of the product or service is subject.
The terms, conditions and/or limitations of the offer and availability of the product or service.
The terms of payment, detailing the number of instalments, their periodicity and the total financial cost of the operation, for the case in which the product or service is to be sold.
The price, including taxes and a discrimination of any additional or ancillary costs, such as delivery or insurance costs.
The essential characteristics of the product or service, including risks to the health and safety of consumers.
Identification of product registrations subject to prior authorization regimes, if applicable.
Manufacturer's identification, if applicable.
Supplier's tax identification number.
E-mail address of the consumer service.
Physical and electronic address of the supplier.
Commercial and corporate name of the supplier.
Uses words, signs, denominations, symbols, emblems, illustrations or other graphic representations that could make such information false, incorrect, insufficient or that could mislead, mislead, confuse or deceive the consumer as to the true nature, composition, origin, type, quantity, quality, duration, performance or form of use of the product.
Attributes effects or properties that it does not possess or that cannot be demonstrated.
Emphasizes the absence of components that are intrinsic or typical of foods or products of the same nature.
List of ingredients in the case of foodstuffs (except in the case of single ingredient foods), or of components in other cases, if applicable.
Date of minimum shelf life, if applicable.
Net contents according to the provisions of Decree 363/991 of 7/15/91.
Storage conditions, if applicable.
Instructions for use, if applicable.
Lot identification, if applicable.
Name and address of the manufacturer, importer or fractionator (if applicable), identifying the company name.
Origin of the product.
Name of the product.
Highlights in certain types of processed foods, the presence of components that are added as ingredients in all foods of similar processing technology.
Highlights the presence or absence of components that are intrinsic or of the same nature.
It uses words, signs, denominations, symbols, emblems, illustrations or other graphic representations that may make such information false, incorrect, insufficient, or that may mislead, error, confusion or deception to the consumer in relation to the true nature, composition, origin, type, quality, quantity, duration, performance or form of use of the food.
Indicates that the food has medicinal or therapeutic properties.
Indicates that the food has therapeutic properties that may be misleading with respect to real or supposed therapeutic properties that some components or ingredients have or may have when consumed in quantities different from those found in the food or when consumed in a pharmaceutical form.
Highlights qualities that may be misleading with respect to real or supposed therapeutic properties that some components or ingredients have or may have when consumed in quantities different from those found in the food or when consumed in a pharmaceutical form.
Advises its consumption for reasons of stimulant action, health improvement, disease prevention or curative action.
Uruguay has a comprehensive Data Protection regulation, primarily governed by Law 18,331 and its Executive Decree 414/009, Articles 37 to 40 of Law 19,670, and its Executive Decree 64/020 (altogether referred to as the "DPA"). The Data Protection Authority, “UCDP” for its acronym in Spanish (“Unidad Reguladora y de Control de Datos Personales”) is the regulatory authority. Under the general requirements set forth in the DPA, the collection and processing of personal data, must be carried out in compliance with the principles of legality, truthfulness, proper use and finality, prior and informed consent, security, privacy and proactive responsibility set forth in the DPA. These principles are aligned with the GDPR standards. Below we provide an overall description of these principles under the DPA. Principle of legality – Data collection and processing must be compliant with the DPA and database shall be registered with the URCDP (Article 6, Law 18,331). Principle of truthfulness – Data collected must be truthful, adequate, fair and not excessive in relation to the purpose of its collection (Article 7, Law 18,331). Principle of purpose – Data collected may not be used for purposes other than or incompatible with the purpose of its collection. Accordingly, collected data must be deleted when it is no longer necessary or pertinent to said purpose (Article 8, Law 18,331). Principle of prior informed consent – Data subject must give a consent for the personal data to be collected in a database, unless few exceptions (Article 9, Law 18,331). It should be noted that a tacit consent is not admitted. Information to be disclosed is the following: the purpose of processing and recipients, or possible recipients, of data; the existence of the database, the identity and address of the data controller; the mandatory or voluntary feature of information to be filled in the questionnaire, particularly for sensitive data; the consequences of providing and not providing the data, or its inaccuracy; the possibility of exercising the data subject’s rights (access, rectification, and deletion); the existence or not of international data transfers; and in the case of automated data processing, the evaluation criteria, and the technological solution or programs used.
Currently, Venezuela has no special unified, comprehensive legal instrument specifically regulating e-commerce. Some material laws and regulations to consider in this field are summarized in the following general comments: In 2001, Venezuela enacted a law regulating electronic messages and signatures (Ley sobre Mensajes de Datos y Firmas Electrónicas), according to which an electronic message has the same legal effect as a written document, and printed messages received through electronic means have the same effect as a photocopy. This means that, as a general rule, two parties in Venezuela could complete and enter into a contract by exchanging messages on a computer or phone, provided that such contracts are not subject to additional formalities. E-commerce in Venezuela is heavily impacted by the Organic Law of Fair Prices and the Constitutional Law on Agreed Prices. Although rules applicable to e-commerce are somewhat scarce, most of the common law codified in the Commercial and Civil Codes applies to e-commerce as well. For clarification purposes, the Organic Law of Fair Prices and the Constitutional Law on Agreed Prices were mostly drafted considering consumers that carry out in-person purchases of products and, therefore, they do not specifically cover e-commerce. However, their provisions would still apply in e-commerce scenarios. Please note that the Venezuelan Constitution codified the right of consumers to access goods and services of quality, and to access adequate and non-misleading information regarding the content and characteristics of the products and services they consume (Article 117 of Venezuelan Constitution). Businesses are expected to follow pricing rules as established by the SUNDEE (the regulatory body of the Organic Law of Fair Prices), which may change depending on the specific business area. Product labeling and warnings in Venezuela are subject to regulations aimed at providing consumers with clear and accurate information, mainly governed by resolutions from the Ministry of People's Power for Health and standards from the Venezuelan Commission for Industrial Norms (COVENIN). These include general requirements on product name, brand, net weight (metric units), manufacturer/importer details, and expiration dates. For imported products, stickers are permitted, and existing Spanish warnings from other countries might be accepted, but the primary label must generally comply with Venezuelan standards. Regarding local language requirements, Spanish is the official language in Venezuela and, therefore, is the mandatory language for all consumer-facing information. This means that e-commerce websites, product descriptions, terms and conditions, marketing materials, and any other communication with consumers should be in Spanish as a general rule. For imported goods, commercial invoices and customs documentation should also be provided in Spanish. On data privacy, please note that Venezuela lacks comprehensive or unified data protection legislation and has no centralized data protection authority (although there are some agencies with certain data protection authority within their specific jurisdiction or sector). In general terms, data protection is mainly governed by some constitutional provisions and scattered references in specific laws, and has been the subject of certain judicial decisions and principles.
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