Consumer Protection - February 2026
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LEGISLATIVE DECREE NO. 1729: AMENDMENTS TO THE CONSUMER PROTECTION AND DEFENSE CODE REGARDING ELECTRONIC COMMERCE
On February 12, 2026, Legislative Decree No. 1729 was published in the Official Gazette El Peruano, amending Law No. 29571, the Consumer Protection and Defense Code, to strengthen the mechanisms for handling complaints in the area of electronic commerce and to prevent coercive commercial practices in this environment.
In this context, sections 24.4 and 24.5 are added to Article 24 of the Code, concerning the handling of complaints, as follows:
“Article 24.– Handling of Complaints
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- 24.4. Suppliers offering goods or services through e-commerce platforms, applications, or other digital channels must have accessible, effective, and permanently operational mechanisms for handling complaints and resolving disputes arising from these transactions. These mechanisms must allow consumers to file their complaints directly and without incurring unnecessary costs or burdens.
- 24.5. SSuppliers not domiciled in Peru that offer goods or services through e-commerce platforms, applications, or other digital channels targeting the Peruvian market and that do not have mechanisms for handling complaints must implement and maintain, at a minimum, an operational email address that allows consumers to submit questions, complaints, suggestions, and make exchanges or returns, as applicable."
Consequently, suppliers operating in digital environments must implement and maintain customer service mechanisms that meet standards of accessibility, effectiveness, and continuous operation for handling complaints and disputes arising from electronic transactions. Likewise, non-resident suppliers offering their products or services to the Peruvian market who do not have formal complaint handling systems must provide, at a minimum, an operational email address for managing inquiries, complaints, suggestions, exchanges, or returns.
Furthermore, the following section is added to Article 56, which addresses coercive methods:
“Article 56.– Coercive Commercial Methods
56.1. By way of example and not limitation, the right of every consumer to protection against coercive commercial methods implies that suppliers may not:
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- Employing commercial practices or strategies, particularly through platforms, applications, or other digital e-commerce channels, that, through the design, configuration, or operation of online user interfaces, limit, distort, or manipulate the autonomy of the consumer's will or freedom of choice, inducing or forcing them to make unwanted consumption decisions and consequently causing them harm."
With this, the prohibition of manipulative digital practices (“dark patterns”) that affect consumer autonomy in digital environments is expressly incorporated into Peruvian law.
Additionally, the Executive Branch is required to approve, within one hundred and eighty (180) calendar days, the necessary supplementary regulations to ensure compliance with and implementation of the provisions of Legislative Decree No. 1729.