Legal Effects of E-Commerce

The e-Commerce in Mexico is regulated by the Commercial Legislation, however, it must be combined with other applicable laws to provide better protection to the consumer for false offers, unauthorized extra charges, unfair terms and protection of personal information.

In this sense, e-Commerce has legal effects of validity and binding force, since these are the result of a communication or commercial relationship carried out through data messages.

In addition to the above, data messages can be used as evidence in court, and if they are properly offered and with the proper administration of other evidence, they have the same validity as printed documentation, provided that they conform to specific regulatory guidelines for trade relations.

In this way, natural or legal persons can continue offering, contracting and selling goods and services in this situation, since data messages and electronic commerce are not foreign to the legal order; there would therefore be no reason to deny the validity of a commercial transaction through the e-Commerce, provided that there is certainty between the persons conducting the commercial procurement and proof of the existence of a mandatory link of patrimonial content, as well as the consent and fulfilment of the obligations of each of the parties.

If you want to know a little more about how to give legal certainty to your commercial contracts through e-Commerce, as well as the minimum requirements for its validity and binding force, in Bandala | Díaz | García we have a team of professionals experts in the field willing to help you.