1. FTAA Joint Government-Private Sector Committee of Experts on Electronic Commerce - Feb.15, 2002 Some views on consumer protection in the context of electronic commerce Colombia Public FTAA.ecom/inf/128 March 22, 2002 Original: Spanish Translation: FTAA Secretariat

2. General Aspects zPublic policies and regulations should provide a safe environment conducive to the use of ICT and electronic commerce and not an obstacle to its development nor give rise to unnecessary barriers. zFrom the electronic commerce perspective, the consumer is on the receiving end of commercial transactions, is an active ITC user interacting at multiple levels. zA wide array of domestic legislation protects the consumer in traditional commercial settings; when it comes to e-commerce, however, the consumer may be discouraged by the shortcomings in the applicable legislation.

3. zLack of security for economic transactions zInsecurity when personal data is provided over the Internet zWho to address complaints to zDifficult access to Internet zLimited trust in product quality zUncertainty of product delivery Consumer concerns about shopping on line

4. za) Protecting consumer’s personal data during electronic transactions zb) Protecting the consumer from fraudulent advertising zc) Protecting the consumer in the event of non- delivery of online purchases or protection from fraud Vulnerability of Consumer Rights in a Digital Environment

5. Legal Aspects uLaw 73 of 1981 Embodies public policy Administrative and jurisdictional bodies Responsibility of producers for 4Product Quality 4Advertising Price setting Consumer groups

6. Cont.. Legal Aspects uDecree 3466 of 1982 (eligibility, quality, warranties, trademarks, labeling, advertising, government setting of prices for goods and services, and liability of producers, vendors and suppliers) Producer: any natural or juridical person that manufactures, processes, transforms or uses one or more goods in order to obtain one or more products or services for consumption by the public. Supplier or vendor: any natural or juridical person that distributes or offers to the general public or a part thereof, at a price, one or more goods or services which, it or third parties, produces, to satisfy the needs of the public. Consumer: any natural or legal person that purchases, uses or enjoys a good or service rendered, to satisfy one or more needs.

7. Cont.. Legal Aspects uDecree 2153 of 1992 restructures the Office of the Superintendent for Industry and Commerce entrusting it, inter alia, with the task of ensuring compliance with constitutional and legal provisions on promotion of competition, restrictive practices, unfair competition, and consumer protection. uArticle 2. uEnsure the observance of provisions on consumer protection referred to in this decree and process the submitted claims or complaints, jurisdiction for which has not been assigned to another authority, so as to determine the administrative responsibilities of the case or order pertinent measures; uSubject to explanation and pursuant to the applicable procedure, apply the pertinent sanctions for breach of consumer-protection laws, as well as for non-compliance with instructions issued by the Office of the Superintendent;

8. Cont.. Legal Aspects uLaw 527 of 1999 defines and governs access to and use of data messages, electronic commerce, and digital signatures, and establishes certification bodies. Chapter III. Data message communications. Provides for supplementary rules setting conditions as to the how, when and where of delivery and reception of data messages and formation of contracts. Article 32 Obligations of the certifying bodies include guaranteeing the protection, confidentiality and proper use of information provided by the subscriber. Article 46 precedence of consumer protection laws. The current legislation will be applied without prejudice to consumer protection rules currently in force.

9. Institutional Aspects -National Council for Consumer Protection -Office of the Superintendent of Industry and Trade - Consumer leagues The Unit has adopted the following function-oriented organizational approach as shown in the chart below: CONSUMER PROTECTION UNIT WORKING GROUP ON NON-RESIDENCIAL TELECOMMUNICATIONS TECHNICAL STANDARDS DIVISION METROLOGY DIVISION WORKING GROUP ON THE PROMOTION AND MONITORING OF TECHNICAL STANDARDS WORKING GROUP ON CONSUMER PROTECTION INVESTIGATION CONSUMER PROTECTION UNIT

10. Processing of Complaints - Complaints

11. Conclusions Transparency uApplicable legislation and jurisdiction uDispute settlement system Security Privacy protection Penalties under the law

12. Thank you mariag@mincomex.gov.co