E-commerce has experienced significant growth worldwide, and the Dominican Republic has not been an exception to this global trend. Driven by technological advancement and globalization, e-commerce has had a positive impact on the Dominican economy, leading the country to adopt an appropriate regulatory framework to ensure its development and sustainability. Law No. 126-02 on Electronic Commerce,Documents, and Digital Signatures, enacted on September 4, 2002, establishes the legal basis for electronic transactions, the validity of digital documents, and the use of electronic signatures, promoting legal security and trust for both consumers and providers in the digital realm.
The law defines e-commerce as any commercial activity via electronic means, such as data messages, digital platforms, and communication networks. It involves buying and selling productsand services, exchanging information, and executing contracts without physical meetings. It isa business model that allows companies to interact with consumers virtually,using digital infrastructure as an exchange platform. This definition not only encompasses the trade of goods and services but also the use of digital toolsto formalize commercial agreements and make payments. The concept also includesthe use of technologies such as online payment systems, electronic contracts,digital commerce platforms, and other mechanisms to ensure the authenticity,integrity, and confidentiality of transactions.
Regulatory Framework forE-Commerce
Law No. 126-02constitutes the main regulatory framework for electronic transactions and the use of digital documents, ensuring legal security and the efficiency of e-commerce in the Dominican Republic. This law recognizes the fundamental role of information technologies in the commercial environment and establishes the conditions under which electronic documents and digital signatures have the same validity and legal effects as those made traditionally (on paper).
The law applies to all types of information in the form of digital documents or data messages, with some very limited exceptions such as obligations contracted by the DominicanState under international agreements.
This law establishes that digital documents are valid and have the same binding force as physical documents, as long as they meet the requirements of authenticity and integrity.This ensures that electronic transactions do not lose validity solely because of their digital format.
Digital Contracts
Article 13 allows both the offer and acceptance of a contract to be expressed through digital documents or data messages. Contracts formed in this way have the same validity and binding force as traditional ones, allowing for the flexibility and speed of the digital environment.
Evidentiary Force
According to Article 9, digital documents and data messages are admissible as legal evidence, with the same validity as documents signed traditionally. In administrative or judicial proceedings, they will not be denied effectiveness, even if they are not presented in their original format. This facilitates legal and business processes without restrictions due to the format.
E-Commerce in GoodsTransportation
To modernize and facilitate commercial and logistical processes in the context of goods transportation, Law No. 126-02 also allows the use of electronic documents instead of traditional paper documents.
The use of digital documents for the receipt, shipment, delivery of goods, and the transfer of rights over the goods is permitted, as long as both parties recognize and validate these documents.
However, the law also establishes that in certain cases, such as the transfer of rights over goods, paper documents may still be required, leading to a coexistence between electronic and traditional documents, depending on the circumstances.
Digital Signature
The digital signature is equated to the handwritten signature if it meets the technical and legal requirements established by the norm. These requirements are:
1.-Authenticity: The digital signature must be uniquely linked to the signer, ensuring that the signer is who they claim to be.
2.-Integrity: The content of the document must not have been modified after being digitally signed, ensuring that the message or document remains unchanged13.
3.-Linkage: The digital signature must be associated in such a way that any change in the document invalidates the signature.
The Digital Republic project, promoted by the Dominican government, seeks to close the digital divide and promote access to information and communication technologies. Int his context, the digital signature plays an essential role in ensuring the authenticity and security of electronic transactions. This tool allows citizens and companies to carry out agile and secure transactions without the need for physical presence.
The regulation defines the digital signature as a numerical value associated with a data message, using a mathematical procedure that links the signature with the content of the message.
The digital certificate is the document that validates the signer's identity and their link to the content of the digital message. The digital signature, if it meets the requirements established by law, has the same validity as a handwritten signature.
The development of the digital signature is also related to the creation of platforms such as DIGIFIRMA, a legal digital signature system that facilitates the electronic signing of documents and the secure conduct of legal and commercial transactions.
The Chamber of Commerce of the Dominican Republic, in collaboration with the Dominican Institute ofTelecommunications (INDOTEL), is the authorized entity to issue digital signature certificates in the country. This entity plays a fundamental role in the implementation of Law 126-02, as it ensures that digital signatures are legal, valid, and secure.
The Chamber of Commerce is authorized to provide digital certificates, linking the applicant's identity with their digital signature. This certificate allows the holder to sign electronic documents with the same legal validity as a handwritten signature, as long as the requirements established by law are met.
The Chamber of Commerce has implemented the DIGIFIRMA system, which allows users to securely and validly sign electronic documents from any electronic platform. With DIGIFIRMA, physical barriers are eliminated, as legal and commercial transactions can be carried out remotely without the need for the physical presence of the parties.
Data Protection andConfidentiality
Data protection and information confidentiality are fundamental aspects of e-commerce. Law No.126-02 addresses this issue by establishing the use of cryptographic technologies that ensure that documents and messages are accessible only to authorized parties.
This focus on privacy and security allows both consumers and providers to trust the digital environment to carry out commercial and legal transactions without fear of exposure or alteration of their information.
In 2013, the country enacted Law 172-13, which expands the scope of personal data protection.
Challenges andImprovements
Critics of the current legal system point out that due to the rapid advancement of technology, an update is necessary to include new technologies and emerging practices, such as blockchain, artificial intelligence (AI), and the Internet of Things (IoT), among others.
These technologies are aimed at improving the security and quality of electronic transactions.
A valid recommendation to the authorities is the implementation of education and awareness programs for users and companies on the safe and effective use of e-commerce and digital signatures.
Conclusion.
Law 126-02 and its regulations have provided the legal basis for electronic transactions to be secure, reliable, and have the same legal validity as those carried out physically. Additionally, the legislation recognizes the importance of the digital signature as a key tool to authenticate and validate online documents, facilitating the digitization of processes in various sectors, such as commercial and financial.
The implementation of the digital signature and the validity of electronic documents have transformed the way companies and consumers interact, allowing transactions to be carried out quickly, efficiently, and without the need for physical presence. However, despite the advances, there are still challenges that need to be addressed, such as technological infrastructure and digital education, to ensure broader and safer adoption of digital tools.
The DIGIFIRMA system, personal data protection, and electronic payment platforms have been key examples of how legislation supports the adoption of e-commerce in the country, creating a modern and dynamic business environment.