1. Legal Framework for e-Development: Best Practices and Lessons Learned LAC REGION December 14, 2004 Matias Bendersky mbendersky@it-regs.com

2. Introductory Statistics.

3. Regional Technology Statistics Contrast between the highest and the lowest levels of Internet penetration rate (Chile with 23.1% penetration vs. Haiti with 0.2%; Dominican Republic with 3.5%). Contrast in ICT spending (Colombia with 7.0% of GDP devoted to ICT spending; and Mexico with 3.5%)

4. Country Case Contrast Digital Agendas in Their Legal Context.

5. Chile’s Experience  Detailed Digital Agenda: Year 2004/6 Universal Access Digital Education Online Government Private Sector Development ICT industry Legal Framework  Coordinated Efforts since 1999 Cyber crime regulated Early law (1993) IPRs Internet treaties WIPO (1996) Data Protection (1999) E- Signature/e- Commerce (2002)

6. Dominican Republic Experience Some isolated efforts for specific e-laws  Role of INDOTEL – Telecom Regulatory Framework  I.e.e-Commerce/ Digital Signature Law (2002)  Authentication policies and rules(PKI) Connectivity Agenda: Year 2005-2008 Following the Colombian Agenda Model. Strategic goals include:  Modernization of State  Support Democratic Security and Governance  Improve productivity  Universal Access  Support Education No specification re legal framework

7. Dominican Republic Basic Principle Dominican Republic Connectivity Agenda: 2005-2008  Colombia’s priorities and presidential agenda maybe different (I.e. Safety, Money laundering, $ remittances, and E-gov Procurement) IMPLEMENT DIGITAL AGENDA COUNTRY NEEDS DESIGN AGENDA

8. E-Legislation & current trends.

9. e-Commerce Legal Framework e-Signature/e-CommercePrivacy Cyber- crime Consumer Protection Brazil Yes No ChileYes No Dom. RepYesNo ArgentinaYes No El SalvadorNo

10. Legal Framework for e-Development Institutional e-Government Framework  Structure, priorities, articulated efforts Focused regulation is divided in two sub- categories:  (1) Initiative-Specific regulations to grant certainty and validity to e-government initiatives; and  (2) Basic e-regulations (or e-legislation) which serve government as well as other business needs.

11. Current Trend Due to slow congressional (and sometimes executive) approval, the legislation/regulation focus and interest in Latin America has changed.

12. Brazil and Chile Respond Brazil: Brazil: e-Gov. Procurement Portal  Number of acquisitions by using (Reverse bidding) Pregão eletrônico may achieve more than 40% of the total for competitive bidding, approx. 1.6 Billion per year.Chile:e-Invoicing  System that validates and encourages companies to submit biz/tax invoices through a simple electronic document exchange for e-stamping  Special treatment for companies that comply with the system includes late fee removal o fee reduction.

13. Lessons  Do e-Commerce/Digital Signature laws promote e-Business?  Digital signature/e-commerce laws are not the only solution  Concentrate in the country needs for specific e-Legislation / e-Regulations.

14. Lessons  There has to be a strategy behind  Balance between laws/regulations and subjects to be regulated  Keep an eye on interoperability (technical standards, IPRs, Data privacy, etc.)

15. Legal Framework for e-Development - LAC THANK YOU! Matias Bendersky Mbendersky@it-regs.com