THE LACK OF SPECIAL REGULATION OF E-COMMERCE AND GUARANTEES OF CONSUMER PROTECTION IN EL SALVADOR.
The law is coupled with changes in society’s behavior, and in the 21st century, in the heyday of digital communications and the Internet in almost all areas of daily activity, the legislator has the task of updating the new trends. current regulations, and will have to analyze, how advanced we are in the country in the regulation of electronic commerce and what guarantees of protection need to be stipulated.
Currently, the inclination to a world dominated by technology, encourages large companies to direct their efforts to the forefront and thus not to be left behind in this digital revolution. It should be noted that companies that are engaged in the sale of goods and the provision of services, but are advertised on the Internet or facilitate communication with their customers by electronic means, one could say that they are losing a large market, since a A large percentage of the population spends their time on social networks or surfing the web, reaching in Latin America an average connection of 26.1 hours per month.
Therefore, the importance of the so-called marketing 2.0 aimed at a community of consumers growing day by day, makes e-commerce is elementary in the economy, providing opportunities for growth to small businesses, as well as the expansion of others in a better position. But, one wonders: how advanced is our country in terms of regulation of electronic commerce ?, not as a way to classify this activity to certain rules or to put legal obstacles to a human interaction, but because of the transactions that are made daily in the electronic world born rights and obligations, which, often, generates disadvantages between some subjects and others. Taking this point, the asymmetry of information arises, between one who has knowledge of the good and the services it offers, against another who in his search for goods and satisfaction of needs agrees to acquire or receive what the first offers.
Raising such relationship of consumption within electronic commerce, in our country the regulation on consumer protection guarantees is scarce and is still years away from European countries for example. So much so, that our regulatory framework where the rules of obligations in contracts are embodied has more than 150 years of validity; Coupled with the above, our trade legislation dates from the decade of the 70’s, when the rise of computers had not yet occurred. With such precedents, there is no doubt that electronic commerce is a sector in our country of negligible regulation and consumer protection, without any guarantees in case of breaches. As an example, there is a problem that is generated in the transactions of goods and services through electronic means as far as the extraterritoriality and the applicable law, this in case the supplier company has its domicile outside of our country, where the The consumer is left without the possibility of claiming any damage or breach of contract because there is no special regulation in this regard.
In this sense, within the United Nations Guidelines for Consumer Protection (DNUPC) -which are prepared by different international consumer protection organizations-, they suggest that within the legislation on this area of law, as a fundamental principle and In a mandatory manner, it must be included that the jurisdiction and law applicable to procurement by electronic means is always that of the consumer, giving great benefits and legal guarantees, allowing the controlling or sanctioning entities their intervention and knowledge.
And is that when hiring through electronic means generates a serious risk to consumers, by virtue of not having certainty of the information of goods and services, the veracity of advertising, nor is there any way to inspect physically the product or service to be acquired, so it is important that the information that a provider should publish in its offers is regulated, such as: product guarantees, guarantees of the website where the provider is staying so that it does not disappear or change its address in the network in an ephemeral way, health risks if they exist, if it is not prohibited to send them by mail, by whom freight or taxes run, guarantee of the payment system by credit card or if another provider is used as PayPal, form of return of what was paid, claim procedures, among other data, which will help reduce the cheating and lack of information when hiring by electronic means.
And is that in many countries, especially in the Member States of the European Union, there is an advanced legislation on electronic commerce, and that form is to eat.