E-Commerce regulations approved

September 28, 2021

Decree No. 6 of 2021 regulates the provisions on E-Commerce to strengthen the transparency and quality of the information provided to Consumers in E-Commerce Platforms.

1. Who is subject to these regulations?

This regulation shall apply to:

  • Sellers offering goods or services on E-Commerce Platforms in exchange for a price or fee. 
  • Operators of E-Commerce Platforms offering products or services from third-party Sellers.

The provisions of these regulations shall not apply in cases where there are specific sectorial regulations governing the same matters discussed in these regulations. 

2. What is an E-Commerce Platform?

An E-Commerce Platform is any Internet site or platform accessible through electronic means, allowing Sellers to offer products or services, and Consumers to purchase or contract them, as appropriate. 

On the other hand, it shall not be considered as an E-Commerce Platform:

  • Internet sites or online payment services platforms.
  • Those in which Consumers cannot purchase the products or contract the services offered regardless of the payment is made or not through the internet site or platform.
  • Those in which only advertising is displayed.
  • Those in which the Consumer is only redirected to the Internet sites or platforms of Sellers.

3. How Sellers must provide the information

The information provided online by the Sellers in a Platform operated by them must be complete, clear, accurate, and easily accessible

Additionally, displayed in easy language and prior to the purchase of the product or contracting of the service. 

Likewise, the information on services and products, identification, instructions for use, and warranties, as well as the dissemination of such information, must be in Spanish.

4. Improvement of the contract

Sellers operating through their own Platforms shall display a summary containing, at least, the individualization and characteristics of the product or service object of the transaction, before the payment of the price of the product or service is made, the total Cost to be paid and the information referred to in the first and second paragraphs of Article 13, when applicable.

Once the contract has been perfected, the Seller shall be obliged to send the Consumer a written copy thereof, indicating in advance the means of communication to be used for this purpose to ensure the Consumer’s due and timely knowledge. 

If the Seller offers goods or services through Platforms operated by third parties, this may agree with the Platform Operator, sending the latter to the Consumer the confirmation of the entering into the contract. However, this shall not exempt the Seller from liability if such confirmation is not sent by the Operator.

5. Validity

These regulations shall enter into force within 6 months as of September 23, 2021.

Source: Diario Oficial 23/09/21