Law Tech Topics by BGBG
The marketing of products and services through digital media has grown exponentially due to the development of the Internet and various mobile applications.
Regarding the foregoing, the “Traditional” Consumer has become a “Digital” one. Therefore, under the Federal Consumer Protection Law, the Federal Consumer Protection Agency ensures the rights of all digital consumers.
There are several provisions that any individual or legal entity that on a regular or professional basis offers, trades, or sells goods, products, or services through the use of electronic, optical, or any other technology must comply with to guarantee the rights of consumers who carry out transactions through such means.
Among all the rights that digital consumers have, the following are some.
- The service provider must use confidentially and keep secure the information provided. Therefore, service providers may not disseminate or transmit it to other providers outside the transaction unless expressly authorized by the consumer or by a competent authority requirement.
- Before entering into the transaction, the provider must inform consumers of their registered office, telephone numbers, and other means by which consumers can submit their complaints or request clarifications.
- The provisions regarding information and advertising of the goods and services the provider offers are complied with, as set forth in the Consumer Protection Law. Therefore, the provider must avoid all misleading commercial practices regarding the characteristics of the products.
- To know all the information about the terms, conditions, costs, additional charges —if applicable— payment methods of the goods and services offered by the provider.
In turn, all Mexican sites that trade their products and/or services through the Internet must have the following.
- Personal and financial data security.
- Registered Office
- Fixed telephone number.
- A detailed description of goods and/or services.
- Total costs and taxes
- Payment methods
- Conditions of shipment or delivery.
- Cancellation, refund or, change conditions.
Therefore, if you are a Marketing Agency that advises service and digital product providers, you have to comply with various Constitutional, Conventional, and Legal regulations, as well as have availability for and collaborate with the authorities, identity, payment, and shipping or delivery, mechanisms; terms and conditions; digital advertising; data protection; human rights; and conflict resolution.
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