What is electronic commerce?
Electronic commerce in accordance with the commercial code refers to acts of commerce that are held using electronic, optical or any other technology.
“For example, sale of merchandise through computers, smartphones, data storage devices, among others.”
Electronic commerce is a commercial activity that is carried out between suppliers and consumers for the purpose of commercial speculation or profit.
What are the types of electronic commerce?
Electronic commerce according to the nature of the subjects involved can be:
- Between companies (B2B known as such in English)
- Between business and consumer (B2C known as such in English)
- Between business and government (B2G known as such in English)
- Between consumer and government (C2G known as well in English)
What are the electronic means used in electronic commerce?
Electronic means are all those systems, processes, instruments or technological equipment that through data systems can generate, send, receive, file or process information electronically.
What are the technological terms used by the commercial code when dealing with the regulation of electronic commerce?
These terms are related to the data message, the subjects involved in the data message, the signature on the data message and the formation of consent.
The commercial code uses and defines technological terms to regulate the acts of commerce or commercial operations that are carried out through electronic means and that are considered electronic commerce.
What is a data message?
It is the information, generated, sent, received or archived by electronic, optical or any other technology.
“For example, a data message can be an email, a text message transmitted by a computer or mobile devices such as smartphones, USB sticks, among others.”
This data message contains the manifestation of the will to contract.
What is the information system?
It is any means used to generate, send, receive, file or process data messages.
Who is the sender of a data message?
The sender of the data message is the one who offers the celebration of an act, legal business or contract, is the one who makes the offer and who will be obliged to the recipient of the message in the event that consent is formed.
The sender of a data message is any person who, on his or her own behalf or on whose behalf a data message is sent or generated, as long as they do not act as an intermediary.
Who is the recipient of a data message?
The recipient of the data message is the one who receives the offer from the sender of the data message and will be the one who is obliged to the sender if he accepts the offer.
The recipient of a data message is the person designated by the sender to receive a data message, as long as they do not act as an intermediary.
Who is the intermediary in a data message?
The intermediary is a service provider that facilitates the transmission of information by electronic means.
“It is not a commission agent, nor a representative, nor an agent of the issuer or the recipient.”
It is a site that allows the parties (merchants) to concur to carry out acts of commerce. For example, Internet portals where users buy and sell merchandise.
What is the electronic signature?
The electronic signature produces the same legal effects as the autograph signature and is admissible as evidence in court.
The electronic signature is the electronic data that can be included in the data message, attached or associated with it and that serve to identify the signer.
What is the advanced or reliable electronic signature?
“The advanced electronic signature is one that is used in data messages or electronic documents.“
The advanced electronic signature produces the same legal effects and will have the same probative value as the autograph signature.
What elements must the person using the advanced electronic signature have?
The person who makes use of the advanced electronic signature must have:
- A valid digital certificate.
- A private key, generated under your sole control
Who is the signer of a data message?
The signature used by the signatory is the electronic signature and produces the same effects as the handwritten signature.
“The signatory is the person who owns the signature creation data and who acts on their own behalf or on behalf of the person they represent.”
By his signature the sender of the data message is bound to the recipient, in the same way by his signature the recipient of the data message is bound to the sender.
What is a certificate?
The certificate is issued by a certification service provider.
“It is all data message or other record that confirms the link between a signatory and the electronic signature creation data.“
Who can provide certification services?
The certification service can be provided by a notary and/or public broker, legal entity or public institution that issues the certificates or provides services related to the preservation of data messages, digital time stamping and digitalization of documents printed in the terms established by the Official Mexican Standard on digitization and conservation of data messages issued by the Ministry of Economy for this purpose.
What is a digital time stamp?
The digital time stamp is the record that proves that data existed before the date and time of issuance of said stamp, in the terms established by the Official Mexican Standard on digitization and conservation of data messages issued by the Ministry of Economy.
Does digital or electronic information have probative value in legal proceedings?
The data messages may be used as evidence in any procedure before a legally recognized authority.
“The Federal Code of Civil Procedures recognizes as evidence the information generated or communicated that is recorded in electronic, optical or any other technology.”
To assess the information of this kind of evidence in a procedure, it is necessary that the method by which said information has been generated, communicated, received or filed is reliable and attributable to a specific person and accessible for subsequent consultation.
Do acts or business carried out through electronic means produce legal effects?
The acts or businesses carried out through electronic means are mandatory, have legal effects and are valid as long as they meet the requirements established by the applicable laws.
Do data messages have the same legal effects as printed documentation?
Yes, data messages have the same legal effects as printed documentation as long as they comply with the provisions of the commercial code, the federal code of civil procedures and others that are applicable.
What is NOM-151-SCFI-2016?
The NOM-151-SCFI-2016 It is the Official Mexican Standard on the requirements that must be observed for the conservation of data messages and digitization of documents in accordance with the commercial code.
The Standard was published by the Ministry of Economy in the Official Gazette of the Federation on March 30, 2017.
What are the rights of consumers in transactions carried out through electronic means?
In accordance with the federal consumer protection law, consumers in transactions carried out through electronic, optical or any other technology, will have the right to:
“Know all the information about the characteristics, price, guarantees, terms, conditions, additional charges, forms of payment of the goods or services offered by the supplier.”
Can commercial contracts be concluded electronically?
In electronic contracts, the manifestation of the will of the contracting parties, the consent is expressed through electronic, optical or any technology.
The Civil Code contemplates that contracts can be concluded by electronic means, these contracts are known as electronic contracts.
