CHILE Law and Practice Contributed by: Carolina Cabrera, LawTech
cies or order removal of all illegal or harmful content. Copyright takedown is linked to the ISP safe harbour regime and judicial procedures. Online criminal con - duct is enforced by the Public Prosecutor’s Office and criminal courts. For e-commerce and marketplaces, SERNAC is rel - evant for consumer protection, platform transparency, advertising, information duties, online contracting and consumer complaints. For cybersecurity, ANCI super - vises entities subject to the Cybersecurity Framework Law, including essential services and operators of vital importance. For personal data, the new Data Protection Agency will supervise how online services collect, use, profile, share, secure and otherwise process personal data once the new regime becomes fully effective. For internet access and telecoms, SUBTEL supervises telecoms networks, spectrum, quality, continuity and net neutrality. For digital financial services, fintech, open finance, payments and technology outsourcing in the financial sector, the CMF is the key regulator, with the Central Bank also issuing important payment rules. A platform may therefore interact with SERNAC, ANCI, the Data Protection Agency, SUBTEL, CMF, the Central Bank, prosecutors or courts depending on the service and risk. 1.2 E-Commerce 1.2.1 Principal E-Commerce Legislation Chile does not have a single e-commerce code. The main framework for e-commerce and online contract - ing combines contract law, consumer protection, electronic signatures, data protection and sector- specific rules where the online service involves pay - ments, financial services, telecoms or other regulated activities. For B2C e-commerce, the Consumer Protection Law and the E-Commerce Regulation are central. They regulate online contracting, advertising, pricing, unfair terms, warranties, withdrawal rights, consumer infor - mation, platform roles and SERNAC enforcement.
Online contracts are supported by the Electronic Sig - nature Law, which recognises electronic documents and signatures, functional equivalence with paper documents and the distinction between simple and advanced electronic signatures, subject to statutory exceptions. General civil and commercial contract rules continue to apply, including consent, offer and acceptance, capacity, object, cause, performance, breach and evi - dence, unless special consumer, electronic signature, payment or sector rules apply. Data protection is another key layer for customer registration, profiling, marketing, analytics and auto - mated processing. Where online contracting involves payments or regulated financial services, additional rules apply on unauthorised transactions, fintech ser - vices, open finance, card payments, payment systems and CMF/Central Bank supervision. 1.2.2 Key Obligations for Online Contracting Businesses contracting online in Chile must comply with consumer protection, e-commerce, contract, electronic signature, data protection and payment rules. The key obligation is practical: consumers must receive clear, complete and timely information before purchasing, the online acceptance process must be clear, and the consumer must receive confirmation once the contract is concluded. In B2C transactions, sellers and platform operators must provide accessible information on the seller, contact details, platform role, product or service, total price, charges, delivery costs, availability, delivery or performance conditions, payment methods, after- sales support and legal or contractual guarantees. A consumer’s mere visit to a platform does not cre - ate an obligation to contract. The consumer must unequivocally accept the terms and conditions, and businesses should ensure that online terms, advertis- ing, promotions and displayed offers are consistent. Misleading information may trigger consumer liability. Electronic contracting is generally valid, but busi - nesses should design flows that evidence consent, identity, date, accepted terms, contract version, notic -
10 CHAMBERS.COM
Powered by FlippingBook