June 14, 2021

Volume XI, Number 165

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June 11, 2021

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Mexico Creates a Code of Ethics for E-Commerce suppliers, as well as a Digital Trust Seal

On February 5, 2021, the Federal Bureau for Consumers’ Protection (PROFECO) issued an official communication announcing the creation of a Code of Ethics for E-Commerce, in order to standardize transactions carried out through electronic means in Mexico.

The purpose of this Code is to establish parameters and guidelines for suppliers who offer, distribute, sell, lease, or grant the use of goods and services through digital means, thus seeking to protect consumer rights, promote a culture of responsible consumption, self-regulation, and ethical and responsible digital advertising.

The adoption of this Code is voluntary; however, its adherence implies an obligation for the supplier, thus becoming a binding document for any activities carried out through digital means.

This Code establishes conditions and obligations for the supplier, in order to offer a better service to consumers, through digital platforms or virtual stores. The supplier who adheres thereto, will be recognized within the Responsible Suppliers Registry, which results in a competitive advantage, by being recognized by PROFECO as a good supplier. PROFECO will evaluate and approve the content, as well as the mechanisms for solving disputes and regulating digital platforms and/or virtual stores.

In order to obtain PROFECO’s endorsement. It is necessary to comply with an approval process, which requires detailed preparation that complies with the conditions established by the Code of Ethics, as well as with all Mexican legal provisions related to E-Commerce.

Simultaneously, PROFECO also announced the creation of its Digital Trust Seal.

This trust seal arises as an incentive for suppliers who comply with all Mexican E-Commerce regulations, assuring consumers the reliability and security of transactions made through electronic means; and at the same time, recognizing suppliers who provide consumers with security, transparency, confidentiality, adequate information, reliability, and legal certainty in its digital platforms or virtual stores.

Any supplier who obtains PROFECO’s Digital Trust Seal will be included and displayed in the Responsible Suppliers Registry, which will be published on the website. This site will be updated every six months.

In order to obtain PROFECO’s Digital Trust Seal, suppliers must comply with a series of requirements established by the authority, including adherence to the above referred Code of Ethics.

The Digital Trust Seal will be valid for a period of one year, and for its renewal, in addition to the payment of a fee, the authority will verify whether the supplier continues to comply with the established guidelines.

PROFECO’s Digital Trust Seal will consist of an image, which will be assigned by the authority, indicating the date of issuance and a serial number. The same shall be available on the digital platform or virtual store, so that the consumers may easily identify it.

The summon for the acquisition of this Digital Trust Seal will be on a biannual basis, and will be published through electronic media such as social networks, as well as through physical media, including national circulation newspapers in Mexico.

© 2005-2021 OLIVARES Y COMPAÑIA S.C.National Law Review, Volume XI, Number 88
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About this Author

Gustavo Alcocer Attorney OLIVARES Corporate Commercial Law
Partner

Gustavo Alcocer manages the Corporate and Commercial Law Group at OLIVARES, advising domestic and foreign businesses and the owners of those businesses on Mexican and cross-border corporate and commercial transactions. He serves as outside general counsel in Mexico to many of his domestic and foreign clients, and also represents emerging and middle-market companies, including closely-held businesses from Mexico, the United States, Canada and Latin America. Mr. Alcocer’s significant experience on domestic and cross-border transactions allows for extensive connections with...

+52 (55) 5322 3000
Abraham Diaz Lawyer IT Privacy OLIVARES
Partner

Abraham Díaz “adds value for clients with diverse portfolios as a result of his tripartite copyright, trademark and unfair competition expertise,” according to World Trademark Review’s WTR 1000.

He co-chairs OLIVARES’ Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on copyright, trademarks, unfair competition, litigation, licensing and prosecution matters. He also counsels clients on trade dress, product configuration, advertising, false...

+52 (55) 5322 3000
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