QR Ecommerce Law: 5 Legal Keys

E-commerce in Mexico has experienced exponential growth, and Quintana Roo, with its dynamic tourism sector and increasingly digital population, is no exception. Selling online offers immense opportunities, but also comes with the responsibility of complying with a specific legal framework. Knowing and applying the QR Ecommerce Law and federal regulations is crucial to operating legally, building customer trust, and avoiding costly penalties. This detailed guide explores the key legal aspects that every business with an online presence in Quintana Roo should consider.

General Regulatory Framework for Electronic Commerce in Mexico

Although there is no single "Electronic Commerce Law" as such, various federal laws make up the regulatory framework for online transactions in Mexico. It is vital to know them to ensure the Mexico's e-commerce legislation applicable to your business. The main ones are:

• Commercial Code: Establishes the validity of the electronic contracts Mexico and data messages.
• Federal Consumer Protection Law (LFPC): Protects consumer rights in all transactions, including those conducted electronically.
• Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and its Regulations: Regulates the processing of personal data by private companies.
• Mexican Official Standards (NOMs): Highlights the NOM-247-SE-2021, which establishes information and advertising requirements for e-commerce. (It is important to check whether this NOM is still valid or has been updated as of the consultation date, May 2025.)

These regulations are of general observance throughout the Mexican Republic, including Quintana Roo.

Consumer Protection in the Digital Environment (LFPC and PROFECO)

The Federal Consumer Protection Agency (PROFECO) is the entity responsible for monitoring compliance with the LFPC. For e-commerce, this means that suppliers must:

• Provide clear, truthful, complete, and verifiable information about the products or services offered.
• Clearly specify your identity: trade name, brand, company name or business name, physical address in the country, Federal Taxpayer Registry (RFC), and telephone numbers or other means of contact.
• Respect prices, rates, guarantees, quantities, qualities, measurements, interest, charges, terms, deadlines, dates, modalities, reservations, and other conditions under which the delivery of the goods or provision of the service was offered, obligated, or agreed upon with the consumer.
• Establish clear mechanisms for requests for clarification, complaints, and refunds.
• Ensure the security and confidentiality of consumer information, including financial data.
• In some cases, consumers have the right to withdraw (cancel the purchase within a specified period without liability).

The Federal Law for the Protection of Ecommerce Consumers It is robust, and the PROFECO ecommerce complaints can lead to sanctions if not properly addressed.

Compliance with NOM-247-SE-2021 (or the Current Standard)

The NOM-247-SE-2021 ecommerce (Commercial Practices - Requirements for Commercial Information and Advertising of Goods, Products, or Services Offered by Electronic, Digital, or Remote Means, and General Provisions) is of particular relevance. Among its many requirements, it requires suppliers to clearly and accessibly provide information on:

• Detailed and truthful description of the goods, products or services.
• Total price in local currency, including taxes, and detailing, where applicable, any additional costs such as shipping or insurance.
• Available payment methods and applicable conditions.
• Delivery policies, deadlines, costs, and geographic coverage.
• Conditions and mechanisms for cancellations, returns or exchanges.
• Information on product or service warranties.
• The terms and conditions of the transaction.
• The privacy notice.
• Dispute resolution mechanisms and customer service contact information.

Compliance with this NOM is essential for the legal operation of any online store in Mexico.

Protection of Personal Data: A Pillar of the QR Ecommerce Law (LFPDPPP)

The Mexico's e-commerce data protection LFPDPPP This is a critical issue. When collecting customer data (name, email, address, purchase history, payment information), you become responsible for its processing and must comply with the LFPDPPP and its Regulations. This is overseen by the National Institute for Transparency, Access to Information, and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales).INAI).

Privacy Notice

It is mandatory to have a Mexico ecommerce privacy notice, which must be made available to data subjects before they provide their data. This document must clearly and simply state at least:

• The identity and address of the person responsible for collecting the data.
• The primary and secondary purposes of data processing.
• The personal data that will be collected.
• The options and means by which the owner can limit the use or disclosure of his or her data.
• The means to exercise the rights of Access, Rectification, Cancellation and Opposition (ARCO rights).
• Any intended data transfer and its purposes.
• The procedure and means by which changes to the privacy notice will be communicated.

A consultancy in privacy and data protection It is highly recommended.

Security Measures

You must implement administrative, technical, and physical security measures to protect personal data from damage, loss, alteration, destruction, or unauthorized use, access, or processing. This includes everything from internal policies to the security of your computer systems.

ARCO Rights (Access, Rectification, Cancellation, Opposition)

Data subjects have the right to request access to their data, correct it if it is incorrect, delete it when it is no longer necessary for the purposes for which it was collected, or object to its processing for specific purposes. You must have clear procedures for handling these requests.

Terms and Conditions: The Contract with your Clients

The online store terms and conditions They are the contract that governs the relationship between your business and your customers. They should be clear, complete, fair, and easily accessible before and during the purchasing process. Key elements include:

• Identification of the parties.
• Description of the products or services.
• Purchasing process and order formalization.
• Pricing policies, accepted payment methods, and transaction security.
• Shipping policies, delivery times, costs, and coverage areas.
• Return, exchange, cancellation, and refund policies.
• Applicable guarantees.
• Intellectual property rights over the content of the site.
• Limitations of liability.
• Applicable law and dispute resolution mechanisms.

It is essential that users accept these terms for them to be binding.

Tax Aspects of Electronic Commerce in Mexico

Operating an e-commerce site involves complying with tax obligations. ecommerce taxes in Mexico mainly include:

• Registration with the RFC (Tax Identification Number) and issuance of Digital Tax Receipts (CFDI) for each sale.
• Payment of Value Added Tax (VAT) corresponding to the products or services sold.
• Payment of Income Tax (ISR) derived from profits from business activity.
• If you sell through intermediary digital platforms (marketplaces), you may be subject to the VAT and income tax withholding regime that these platforms must apply.

It is advisable to consult a tax expert to ensure proper compliance. It may be helpful to review information about tax aspects for investors.

Specific Considerations for Businesses in Quintana Roo

While most of the QR Ecommerce Law Governed by federal regulations, businesses in Quintana Roo must consider:

• Tourist Market: A large portion of your customers may be domestic or international tourists. Consider offering your website in multiple languages, displaying prices in different currencies (clarifying the final billing currency), and having clear international shipping policies if applicable.
• Logistics: Shipping logistics to and from tourist or more remote areas of Quintana Roo may have specific characteristics.
• Local Promotions: Comply with offers and promotions specifically aimed at the local or tourist market, in accordance with the LFPC.

There are generally no state-specific digital taxes for ecommerce that are distinct from federal obligations, but it's always a good idea to check the latest local legislation.

Best Practices for Compliance and Customer Trust

• Absolute Transparency: Be clear in all your communications, prices, policies and conditions.
• Trust Seals: Consider obtaining certifications or seals from associations such as AMVO or PROFECO's Virtual Store Monitoring program.
• Quality Customer Service: It offers multiple contact channels and resolves questions or problems efficiently.
• Cybersecurity: Invest in robust measures to protect your site and your customers' data (SSL certificates, secure payment gateways).
• Constant Update: Laws and regulations may change. Stay informed.

How Can City Laws Help Your Ecommerce Business?

Navigating the complex legal landscape of e-commerce can be overwhelming. At City Laws, our team of corporate lawyers and experts in new technologies can help you with:

• Development and review of Terms and Conditions tailored to your business model.
• Drafting and adaptation of Privacy Notices in accordance with the LFPDPPP.
• Legal audit of your online store to identify areas of opportunity and risk.
• Advice on the implementation of NOM-247-SE-2021.
• Support in managing disputes with consumers or requests from PROFECO or INAI.

We have presence in Cancun, Playa del Carmen and Tulum to offer you a close and specialized service.

Comply with the QR Ecommerce Law and federal regulations will not only prevent you from legal problems, but will also build a relationship of trust and transparency with your clients, an invaluable asset in the competitive digital world. Knowledge about What is e-commerce and its legal implications is your best tool.

If you want to ensure that your online business in Quintana Roo operates on solid legal foundations, Contact City Laws todayWe're ready to help you thrive in the digital world.