INDECOPI publishes Institutional Working Document entitled “Proposals for Consumer Protection in Electronic Commerce and Product Safety”
On April 6, 2021, Resolution N° 000039-2021-PRE/INDECOPI was published in the Official Gazette El Peruano, which provides for the publication of the Institutional Working Document entitled “Proposals for Consumer Protection in Electronic Commerce and Product Safety” prepared by INDECOPI (hereinafter referred to as “the Working Document”), in order to receive comments from those taxpayers.
The Working Document seeks to amend and include several additional provisions to Law No. 29571, Code of Consumer Protection and Defense (hereinafter referred to as “the Code”), in order to specifically regulate transactions carried out by consumers through electronic commerce.
In general terms, the Working Document, among others, proposes the following changes:
– Scope: it is proposed to amend Article III of the Code, stipulating that its provisions would be applicable to consumer relations entered into in the national territory by any means.
– Definitions: It is proposed to incorporate to Article IV of the Preliminary Title of the Code, the following definitions:
– Relevant Information: It is proposed to incorporate Articles 2-A and 2-B. In general terms, Article 2-A provides that the supplier must include, through its digital sales channels, various data such as, among others, commercial name, tax address or fixed address for claims, RUC (which generates an obligation for foreign companies), telephone, e-mail and channels of attention. On the other hand, Article 2-B establishes the minimum information that the terms and conditions of the contract must contain, such as the conditions of the right of repentance, terms, guarantees, after-sales services, among others.
– Virtual Claims Book: It is proposed to incorporate Article 150-A that establishes the obligation for the supplier of products and services through digital channels in the country to have a virtual claims book. In the case of micro-enterprises, they shall be allowed to enable an alternative means that allows the entry and registration of complaints and claims remotely, which must comply with the provisions governing the claims book established in the Consumer Code and the Claims Book Regulation.
– Consumer contract: It is proposed to amend Article 45 of the Code, providing that commercial relations carried out through the exchange of data messages between the consumer and supplier shall be understood as e-commerce consumer contracts. Likewise, in the event that the subject matter of the contract is products that do not belong to ordinary needs, the supplier must take the possible measures to verify the age of the consumer.
– Right of Repentance: It is proposed to incorporate Article 48-E that establishes the right of repentance as the consumer’s right to terminate the contract concluded through digital channels, without the need to justify its decision and without penalty of any kind. This right could be exercised by the consumer within a maximum period of 15 calendar days from the receipt of the product or from the contracting of the service for distance purchases. Clauses that seek to penalize this right would be null and void.
In the case of regulated public services, educational services and financial intermediation services, the right of repentance is exercised in accordance with the special rules of the matter.
However, the said right includes exceptions to its implementation.
– Pre-selected options: It is proposed to incorporate Article 48-A, which prohibits suppliers from pre-selecting options that involve purchasing services that are ancillary to the contract.
The Working Document grants a term of fifteen (15) working days, counted from the day following its publication, to receive comments and contributions from public or private institutions and the public in general, which must be sent to the e-mail: presidencia@indecopi.gob.pe. The deadline is April 27, 2021.
The Working Document may be accessed at the following link.
For further information, please contact Ximena Aramburú (xaramburu@estudiorodrigo.com) and/or Daniela Supo (dsupo@estudiorodrigo.com).
