Venezuelan Congress Is Discussing A New E-Commerce Law

Author:Ms Maria Castillo (Antequera Parilli & Rodriguez)
Profession:Global Advertising Lawyers Alliance (GALA)

On November 4, 2014 an e-commerce bill passed the first round of debate in the Venezuelan Congress pending a second debate before the bill is enacted into law. The bill has come to cover two basic problems Venezuela is currently facing due to inefficient economic measures adopted by the government, namely:

The black market of goods through electronic media due to shortage of goods in the regular commerce The lack of regulation on email marketing and online advertising because earlier this year the consumer protection act was superseded by the Act creating the Superintendence for the Protection of Socioeconomic Rights (SUNDDE). The first issue is regulated through the banning of the sale of the following specific goods and services through e-commerce:

Medicines Essential goods, price-controlled goods, goods sold through governmental food distribution chains; Goods subsidized by the Government purchased up to two years ago; Vehicles purchased up to two years ago; Low-income houses; Expired or spoiled food products. Specific regulations regarding online promotion, dissemination, information and advertising of goods and services are incorporated into the bill. Email marketing is included in the text and opt-out system is specifically accepted.

The bill incorporates several definitions such as misleading advertising, abusive advertising...

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