On February 26, 2021, the Federal Consumer Protection Agency (“PROFECO”) published in the Federal Official Gazette, the Code of Ethics for Electronic Commerce.
The purpose of the Code of Ethics is to establish the values and principles that every supplier must observe in activities related to electronic commerce, in order to respect and promote consumers rights, foster a culture of responsible consumption, promote human rights of consumers, ethical and responsible digital advertising, the protection of vulnerable groups and self-regulation.
The Code of Ethics is voluntary. However, if suppliers decide to adopt it, its compliance becomes mandatory.
Suppliers aiming to be subject to it, shall file its draft Code of Ethics through the official PROFECO website.
PROFECO will carry out quarterly monitoring of the obligated suppliers, in order to monitor their compliance, publishing the corresponding results in the Register of Responsible Electronic Commerce Suppliers.
Observance of the Code of Ethics is recommended as an indicator of corporate social responsibility, which enhances the prestige of the companies in terms of safety and quality with consumers.
In accordance with the provisions of PROFECO’s decree, suppliers must comply with the following minimum standards:
Any virtual store or electronic commerce platform must disclose:
- The identification and contact details of the supplier.
- The purchase procedure.
- Mechanisms for returns, replacements, or exchanges.
- The term and restrictions of their guarantees.
- The mechanisms for the attending to and solving claims or clarifications.
- Age restrictions for the use of the virtual store or electronic commerce platform.
- The treatment that will be given to the personal data of consumers.
- The terms and conditions of the transactions.
- Payment and billing methods.
- The total amount to be paid, including taxes, shipping costs, etc.
- The means to obtain the tax receipt or the commercial transaction receipt and, as appropriate, to request their amendment.
- The delivery method, including shipping costs, options and delivery dates.
- Adequate and clear description of the different goods, products, or services.
Suppliers must implement security mechanisms to prevent fraud, unauthorized access or use of personal data, deceptive business practices, and identity theft.
Terms and Conditions
The terms and conditions shall contain the general and specific contracting conditions, the validity period for offers and specials, payment or delivery restrictions applicable, necessary conditions for use or delivery, and penalties for cancellation.
Digital advertising must be truthful, verifiable, clear, and free of elements inducing or that may induce the consumer into error or confusion.
Advertising shall be identifiable as such and contain the identity of the advertiser and its contact details.
Providers must implement a mechanism allowing the consumer to decide to cease receiving direct commercial advertising.
The provider must have a Privacy Notice through which it informs consumers of the treatment to which their personal data will be subjected.
Suppliers must include warnings to refrain minors from providing their personal data without the authorization of their parents or guardians, and to conclude the purchases directly through them.
Likewise, the provider is obliged to identify content aimed only for adults; as well as refrain from enticing minors into purchasing; exposing them to dangerous situations; publishing illegal content or that which could harm them mentally, morally or physically.
Suppliers must commit to respect and protect the rights of the elderly, minors, people with disabilities or indigenous people, as well as other people subject to discrimination; provide expedite solution to their claims; and make sure that advertising directed to them or that to which they may be exposed to, promotes respect for dignity, equity, safety and inclusion.
Suppliers shall have their own dispute resolution mechanisms with consumers, seeking to resolve claims through alternative means of conflict resolution to achieve prompt accords with consumers (mediation, conciliation, and arbitration).
Suppliers shall also follow the guidance of the Mexican Electronic Commerce Standard (NMX-COE-001-SCFI-2018), which sets forth a series of good practice guidelines that have been established and adopted by the industry in order to protect consumers and ensure competitiveness among companies.