On February 5, 2021, the Federal Bureau for Consumers' Protection (PROFECO) issued an official communication announcing the creation of a Code of Ethics for E-Commerce, in order to standardize transactions carried out through electronic means in Mexico.
The purpose of this Code is to establish parameters and guidelines for suppliers who offer, distribute, sell, lease, or grant the use of goods and services through digital means, thus seeking to protect consumer rights, promote a culture of responsible consumption, self-regulation, and ethical and responsible digital advertising.
The adoption of this Code is voluntary; however, its adherence implies an obligation for the supplier, thus becoming a binding document for any activities carried out through digital means.
This Code establishes conditions and obligations for the supplier, in order to offer a better service to consumers, through digital platforms or virtual stores. The supplier who adheres thereto, will be recognized within the Responsible Suppliers Registry, which results in a competitive advantage, by being recognized by PROFECO as a good supplier. PROFECO will evaluate and approve the content, as well as the mechanisms for solving disputes and regulating digital platforms and/or virtual stores.
In order to obtain PROFECO's endorsement. It is necessary to comply with an approval process, which requires detailed preparation that complies with the conditions established by the Code of Ethics, as well as with all Mexican legal provisions related to E-Commerce.
Simultaneously, PROFECO also announced the creation of its Digital Trust Seal.
This trust seal arises as an incentive for suppliers who comply with all Mexican E-Commerce regulations, assuring consumers the reliability and security of transactions made through electronic means; and at the same time, recognizing suppliers who provide consumers with security, transparency, confidentiality, adequate information, reliability, and legal certainty in its digital platforms or virtual stores.
Any supplier who obtains PROFECO's Digital Trust Seal will be included and displayed in the Responsible Suppliers Registry, which will be published on the website located at https://distintivodigital.profeco.gob.mx. This site will be updated every six months.
In order to obtain PROFECO's Digital Trust Seal, suppliers must comply with a series of requirements established by the authority, including adherence to the above referred Code of Ethics.
The Digital Trust Seal will be valid for a period of one year, and for its renewal, in addition to the payment of a fee, the authority will verify whether the supplier continues to comply with the established guidelines.
PROFECO's Digital Trust Seal will consist of an image, which will be assigned by the authority, indicating the date of issuance and a serial number. The same shall be available on the digital platform or virtual store, so that the consumers may easily identify it.
The summon for the acquisition of this Digital Trust Seal will be on a biannual basis, and will be published through electronic media such as social networks, as well as through physical media, including national circulation newspapers in Mexico.
At OLIVARES we are ready to advise our clients as to how to comply with the above referred code of ethics, as well as how to obtain and renew PROFECO's Digital Trust Seal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.