New Law On Signatures And Electronic Documents

 

Electronic Commerce, with international characteristics by its very nature, covers all types of activities, some well known, others completely new. Through the Internet revolution it expands rapidly and goes through radical changes, without exaggerating, on a daily basis.

This activity, subject to the rapid changes already mentioned is creating a whole variety of new types of business, markets and commercial entities. Therefore, it is generating new activities and new sources of income. But at the same time, as is the case with any human activity, by virtue of this commerce and its particular characteristics, it gives rise to and, in time, will increase the number of problems that without legal regulations could create "electronic chaos".

We could attempt to define electronic commerce or "e-commerce" as any type of transaction, activity or exchange of information an goods based on the transmission of data over communication channels performed for the purpose of engaging in acts of commerce.

In this manner, not only does it include the purchase and sale of goods and information, or the rendering of services, but also the prior and subsequent acts in connection with the sale, the furnishing of services or trade. Thus, the above definition includes publicity, the search for information regarding products and suppliers, negotiations in connection with contractual conditions, service to the client, compliance with administrative procedures and cooperation with related enterprises, to quote just a few of the possibilities of such transactions and interchanges.

Electronic commerce may take place from business to business, from business to consumer or within the same organization (or group of organizations) or enterprise (or group of enterprises).

Among the juridical or legal problems that may arise due to electronic commerce we can mention: the validity of legal transactions and contracts without paper; the need of international agreements that harmonize commercial legislation in the different countries; taxes applicable to transactions in cyberspace; the protection of intellectual property rights, the protection to consumers, illegal content and abusive use of information or personal data and/or commercial secrets. In addition, there are others of a criminal nature by virtue of fraud carried on through Internet, the penetration of confidential information or commercial secrets through the same web, serious damages caused by the diffusion of...

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