E-commerce regulated by law 126-02

E-commerce regulated by law 126-02

e-commerce

Commerce is an economic activity that is carried out through digital media, such as documents or data messages, which allow the exchange of goods, services and information between natural or legal persons. In the Dominican Republic, electronic commerce is regulated by Law No. 126-02 on Electronic Commerce, Documents and Digital Signature, enacted on September 4, 2021.
This law aims to facilitate electronic commerce, validate transactions between parties, promote and support the implementation of new technologies and protect the users of these systems. The Law establishes the definitions, principles, scope, requirements and legal effects of digital documents, data messages, digital signatures, certificates and certification entities. It also regulates electronic contracting, the provision of electronic services, civil and criminal liability, and the settlement of disputes related to electronic commerce.
The law is based on the recommendations of multilateral bodies, such as the United Nations Commission on International Trade Law (UNCITRAL), the World Trade Organization (WTO) and the organization of American States (OAS), and seeks uniformity in its application and the observance of good faith. The law also draws on the legislative experiences of other countries, such as Ecuador, Chile, Argentina, Mexico and Spain.
The Dominican Telecommunications Institute (INDOTEL) is the body in charge of ensuring compliance with the law, as well as issuing the regulations and technical standards necessary for its application. INDOTEL also has the power to authorize, supervise and sanction certification entities, which are the legal entities, public or private, that issue certificates on the authenticity of digital signatures.
E-commerce offers opportunities for economic, social and cultural development by facilitating access to global markets, reducing transaction costs, increasing competitiveness, improving the quality of services and fostering innovation.
However, it also entails challenges and risks, such as security, privacy, consumer protection, enforcement, competition, digital inclusion and adaptation to technological change. It is therefore important that the actors involved in e-commerce are aware of and comply with the current law, as well as with good business practices, to ensure trust, legal certainty and mutual benefit for the parties.