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WSIS follow-up and implementation: Action Line Facilitation meeting on

WSIS follow-up and implementation: Action Line Facilitation meeting on
"E-business"
E-COMMERCE AS A KEY FACILITATOR FOR SME COMPETITIVENESS

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  • Hello everyone, good afternoon. My name is ARK, I’m very honored to participate in this forum. I thank the UNCTAD for this invitation. I hope you can forgive my english, I’ll try my best. I would like to talk about the legal development of e-commerce activities in Mexico.

Presentación ONU Presentación ONU Presentation Transcript

  • Legal development of e-commerce activities in Mexico
  • Internet Statistics in Mexico 15 Top Countries Internet Usage
  • Internet users in México (in millions) Fuentes: COFETEL. Estimado de usuarios de internet del 2000 al 2005. AMIPCI. 2006 y estimado 2007 al cierre del año. Internet in México
  • 2005 2006 2007 2008* PC´s 10.884 12.361 14.626 17.856 PC´s with Internet Access 6.190 7.140 8.740 11.106 Cell Phones 44.206 55.589 66.774 75.642 Installed base of devices with the possibility of accessing the Internet in Mexico, 2008 ( Millions ) 27% is the annual growth rate of the installed base of personal computers with Internet access          Source: Select. Quarterly Survey of personal computers and Internet in Mexico, April, 2008           * Estimated figures         ** The number of mobile phones adjusted reflects the total phones in use. More than 60% of the PC´s are conected to Internet
  • / 2007 / 765 million dlls Annual Growth 2006-2007: 59%
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  • Study perception of Internet banking
        • Internet users in México: 23.7 millions
        • Internet banking users: 64% of internet banking users (10.4 millones)
        • 15.6% of the internet users (last 30 days) work with internet banking
    • Relevant conclusions:
    • Still incipient channel: There are 23.7 millions of internet users of which 10.4 millions have an account in a bank and less than 3 millions use internet banking
    • The average internet banking user has more than one electronic account: The average of the banking internet accounts is 1.4 per person   
    • Experience: 40% of the internet banking users have used it for three years or more
    • Main Activities: Balance enquiry, service payments and taxes   
    • Security knowledge: 94% is said to know the security measures that they should take in order to do internet banking.
    • Access: Only 1% uses internet banking in public places (52% office y 47% home)
    • Responsability : 83% still considers that the bank is responsible of the security on internet banking.
    • The average of active accounts that internet banking users use in México is 1.49 per person, which is equivalent to 3.7 millions of banking accounts with the possibility to access internet banking.
    Made in December 2007 by AMIPCI
  • Mexican Legislation and regulation January 5, 2004 Federal Tax Code amendments “ Miscelánea” Tax Resolution (Other tax provisions) December 2, 2005 March 3, 2006 General dispositions to be applied in the credit institutions by CNBV Amendments related to the General dispositions E-commerce, Commercial Code and other statutes amendments May 29, 2000 Administrative process law Provisions about “Tramitanet” Intersecretarial commission for the development of electronic government Guidelines related to the homologation, implementation and use of advanced electronic signature in Mexican Federal Public Administration May 30, 2000 January 17, 2002 December 9, 2005 August 24, 2006 Mexican standard regulation on data messages preservation (NOM 151) Resolution related to taking effect Effective date June 4, 2002 December 19, 2005 February 17, 2006 Extended security infrastructure (Central Bank of México) Circular Telefax 1/2002 Circular Telefax 6/2005 Circular Telefax 6/2005 bis January 2, 2002 March 15, 2005 December 23, 2005 Electronic signatures ,Commercial Code amendments Regulations on the Commerce Code regarding CSP General Rules regarding CSP requirements CSP Acrediting (Advantage Security y PSC World) Amendments to General Rules in order to consider CSP of conservation August 29, 2003 July 19, 2004 August 10, 2004 December 13 y 15, 2005 March 5, 2007
  • Banco de México Ministry of the Economy Ministry of the Public Function Banks / CECOBAN –Bank Clearing SAT - Fiscal & Customs Authority- (Individuals) Ministries IMSS Public Notarys Brokers Public Institutions Trade companys CERTIFICATION SERVICES PROVIDERS I E S On a federal level SAT (Companies) Registration authority Users Registration Agencies. Certification Agencies. Certification agents P.F. ARC AR AC AC AgC AgC AgC AgC
    • ADVANCED ELECTRONIC SIGNATURE
      • As an authentification form
    • STANDARD ON CONSERVATION OF DATA MESSAGES
      • As a guarantee as a prove at trial
  • States of the Mexican Republic with laws or iniciatives. Aguascalientes Chiapas Distrito Federal Durango Estado de México Guanajuato Hidalgo Jalisco (Guadalajara) Morelos (Cuernavaca) Puebla Sinaloa Sonora Yucatán
    • Regulation Standarize Proyect
    • To design and orchestrate “models of law” for the 32 federal entities regarding the tecnologies of the information (TI), electronic commerce and electronic government
    • To qualify the members of House of the Congress and the Senate, judges , court employees and the representatives of the local public administation.
    • When the tax regulations demand the presentation of documents, this should be done on digital form and they should contain the author´s advanced electronic signature.
    • Taxpayers are going to be able to issue electronic invoices (electronic tax receipts)
    Reforms decree of the Federal Tax Code (January 5, 2004)
      • 1999 Amendments to the Federal Penal Code:
        • Art. 211 Bis 1.- Virus and hackers
        • Arts. 211 Bis 2 and 3.- Informatic systems of the State.
        • Arts. 211 Bis 4, 5 and 6.- Financial system equipments.
    Offences due to the illicit access to systems and informatic equipments. Criminal aspects
    • Aproved in the senate on April 22, 2008 in order to categorize as an offence the illegal copy (clonation) of payment instruments
    • As a serious offence (that wouldn´t allow the possibility of a release on bail)
    Offences in Financial and Commercial legislation
    • Electronic operations with the bank
    • The possibility to suspend or restrict operations due to improper use
    • General Dispositions
      • Terms and conditions of the service
      • Information security
      • Password management and composition
      • Monetary transactions with third parties process
      • Account register
      • Information to the user
      • Fraud prevention
      • Auditing clues
    Legislation and General dispositions to be applied in the credit institutions by SECURITIES COMMISSION AND BANKING SUPERVISION ( CNBV)
  • Privacy and personal data protection legislation and iniciatives
    • Mexico doesn´t have a specific personal data protection general or privacy statute, but we have some scattered laws governing it:
      • The law on credit institutions which regulates banking secrecy
      • Legislation about national credit bureaus
      • The Federal Law of Copyright, in its articles provides legal protection to databases
      • Civil Code and Commercial Code in relation to Public Registry
      • etc…
  • Constitutional Amendment Proposal
      • Amendment proposal to the 16 Constitutional Art. Aproved by the Senate on April 8, 2006 and aproved edited in the Congressmen Chamber: “PRIVACY AS A CONSTITUTIONAL GUARANTEE”
      • Amendment proposal to the 73th Constitutional article refering Personal Data presenting on March 27, 2007 aproved in the Congressmen Chamber: “FEDERAL FACULTY TO LEGISLATE REGARDING PERSONAL DATA IN PARTICULAR’S POSSESIONS”.
        • Colima’s State legislation
        • Jalisco’s State legislation
        • Two initiatives for Mexico City (European model)
  • Data Privacy Legislation proposals
    • There are at least 4 proposed laws of personal data en the Congress :
      • European model:
        • Congressmen Luis Miguel Gerónimo Barbosa Huerta’s (PRD) initiative. Presented in September 06, 2001.
        • Congressmen. Jesús Emilio Martínez Álvarez’s (Convergencia) Initiative Presented in December 1, 2005.
      • American model:
        • Congresswoman. Sheila Aragón’s (PAN) initiative Presented on March 22 , 2006.
        • Congressmen David Hernández Pérez’s (PRI) initiative presented in February 23, 2006
  • Proposed laws to Federal Penal Code
    • Proposed laws to diverse provisions tabled in the Senate by Leticia Burgos Ochoa (PRD) on December 7, 2004:
      • Disclosure of secret except with the consent expressed compared to the jurisdictional authority
    • Proposed laws to diverse statutes in the cybercrime subject presented at the Chamber of Deputies by Lic. Sheyla Fabiola Aragon Cortes (PAN) on April 12, 2005:
      • Obtain or transmit personal data without consent
    • Proposed laws presented by the Dep. Cristina Portillo Ayala (PRD) on June 29, 2005. Turn to Committee on Justice and Human Rights :
      • Insert false data in personal data file
    • Proposed laws submitted by Sen. Oscar Cruz Lopez (PRI) on November 24, 2005. Turn to the Committee on Justice ye Legislative Studies :
      • Access, transfer or manipulation Personal Data.
    • Proposed laws submitted by Senator Alfredo Rodriguez y Pacheco and (PAN) on February 2, 2007 :
      • Send commercial messages without express authorization
  • Federal law on the protection of the consumer Contract with AMIPCI Privacy framework APEC Ethic code AMIPCI Mexican Trust seal
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  • Electronic firm Public function Consumer protection Conservation Data Messages Data messages Social credit information IMSS Electronic invoice IES BANXICO Electronic RPPC Digitalitation Document CNBV Informatic crimes Procedural Aspect ....... Legal development of e-commerce activities in Mexico
  • Growth Supply and Demand Future Prospects Advertiser and media Online publicity Search and content-services websites Media agencys Access supplier Cheaper, faster internet Triple Play Device convergence Government initiatives Procedures by internet e-México Government websites Private Initiatives Internet banking Electronic commerce Services Academy Internet in schools Prívate and public universities Education online Users Web 2.0 Blogs Social networks
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