Colombian Congress ratifies Pacific Alliance protocols on e-commerce
Colombia
20 abril 2018

The House of Representatives ratified the First and the Second modifying protocol of the Pacific Alliance agreement, with 91 affirmative and five negative votes. The text introduces modifications to e-commerce, with the purpose of improving regulatory standards among member countries. The protocols will be sent to the Executive Branch.

Main aspects of the protocol:

  • Eliminates customs duties on digital products by electronic means. No country may apply customs duties, fees or charges to the import or export by electronic means of digital products.

 

  • No discrimination of digital products. Neither country shall agree on less favorable treatment to digital products created, produced, published, contracted or commissioned in the territory of another one or a non-member one. It also includes digital products whose author, interpreter, producer, manager or owner is a person from a different country than the one that trades other similar digital products.
  • Exchange of information about fraudulent business practices. The countries commit themselves to exchange information on suppliers that have been sanctioned for fraudulent and deceptive commercial practices in e-commerce.
  • Standardized information to consumers. The information that is provided to consumers in e-commerce should include at least the terms, conditions of use, prices, additional charges and payment methods.
  • Personal data protection. The countries must adopt or maintain laws, regulations or administrative measures for the protection of the personal information of users participating in e-commerce.
  • Cross-border transfer of information. Each country will allow the cross-border transfer of information by electronic means, including the transfer of personal information, for business reasons.
  • Promotes the provision of new services such as data centers and computing in cloud storages with the obligation of computer facilities.
  • Self-regulation of the private sector. States recognize the importance of encouraging self-regulation in the private sector through industry guidelines, contract models and behavior codes.
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