Authors: Ana Escobar and Salomón Eid

Do you offer a product or service through Internet? or do you want to do it? These guidelines will help you consider certain risks that, if controlled, they could have a positive impact on your business. From PPO we present 7 legal considerations that you must keep in mind to initiate or expand your business to the digital environment.

  1. Terms and conditions: This document is essential to bring your E-commerce to life, given that it will regulate the entire relationship with the user. The duties within the relationship with the user are fully developed in the domestic normative as well as some practices, such as the imposition of additional obligations, the remittance of unsolicited products or services, the provider’s liability  waiver among others, could be considered abusive. For the other part, all the things that are not duly regulated will be interpreted in favor of the users, therefore, it is essential to have a clear and complete document to reduce risks.
  2. Customer service: It is important to take into account that any service that is offered to the public must make available permanent means for users to make consultations and file claims in order to avoid fines and sanctions.
  3. Privacy policy:  For E-commerce to be viable, the processing of the users’ personal data is indispensable. In Bolivian legislation data protection is regulated in different normative rulings, also constituting a constitutional guarantee. Additionally, there are a series of requirements that must be mandatorily complied with by the provider so they can legally process this type of data.
  4. Invoicing: The invoicing of goods and services offered through E-commerce constitutes an obligation, and the failure to do so generates fines and sanctions. There are various invoicing modalities and it is necessary to evaluate the option that best suits your business model.
  5. Registration of trademark: The work your company carries out to encourage consumer loyalty comes directly from the recognition of your trademark as well as all the work and resources you invest to develop it, therefore, in order to protect your trademark, the best way to do it is by obtaining the registration thereof as intellectual property.
  6. Licenses: The type of goods or services to be marketed is another important aspect, given that, in our national legislation, many goods and/or services require prior authorizations or licenses before these can be marketed, even if these transactions are carried out through E-commerce.
  7. Corporate promotions: It is possible that your company wishes to accelerate business growth through corporate promotions. However, at the time of structuring them, it is necessary to evaluate if the initiative requires an authorization from the Game Oversight Authority (AJ for its Spanish acronym) in order to avoid sanctions derived from unauthorized promotions.


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