The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
| Autor | David López Jiménez, Andrés Redchuk, Leonel Alejandro Vargas |
| Cargo | PhD (with European mention), Universidad de Sevilla (Spain), and PhD, Universidad Rey Juan Carlos (Spain). Research professor at the Universidad Católica del Norte, Antofagasta, Chile. E-mail: dlopezjimenez@gmail.com. - Eng, MSc, PhD. Full professor. Enginering faculty. UNLZ. Argentina. Industrial engineer. Master of total quality. Master of IT... |
| Páginas | 19-30 |
The Self-Regulation of Electronic Commerce: An Appraisal... (p. 19-30) 19
JIMNEZ, D. L.; REDCHUK, A.; VARGA S, L. A.
The Self-Regulation of Electronic Commerce: An
Appraisal in Accor dance to the Chilean Law of Unfair Competition .
Revista de Direito, Estado e
Telecomunicaes
, Braslia, v. 8, n. 1, p. 19-30, maio 2016. [DOI: https://doi.org/10.26 512/lstr.v8i1.21524 ]
The Self-Regulation of Electronic Commerce: An Appraisal in
Accordance to the Chilean Law of Unfair Competition*
Submetid o(
submitted
): 02/11/20 15
David López Jiménez**
Andrés Redchuk***
Leonel Alejandro Vargas****
Parecer(
revised
): 23/11/ 2015
Aceito(
accepted
): 22/01/2 016
Abstract
Purpose –
Electro nic commerce or e-commerce constitutes a commercial ac tivity on the
rise. Alt hough it has many advan tages, there a re several lin gering factors that prevent its
consolidation, such as the la ck of trust of the potentia l consumer/user. In ord er to
overcome that obsta cle, instruments of self-regulation were created in the field of
advertising. Firms that wish to disti nguish themselves f avorably against their competitors
have th e option o f adopting those instrument s, which pla y a praisew orthy role r egarding
the target audience and constitutes a consi derable improvement of con sumer rights.
However, on occasions , problems a rise in the market when those systems of self-
regulation bind third parties that did not volunta rily enter into a contra ct. This paper
tackles the question of if self-regulation of advertising in the net can be pu t in place
should it affects the hon or of the third party n ot committed with th e fair-practices
document.
Methodology/appr oach/design –
In this article, we will refer to t he particular ities that
arise from a case concer ning the Chilean Law no. 20,1 68, of 2007, on unfair competit ion
and self-re gulation of advertisi ng in the Intern et pertaining
WOM, Movistar, Entel, Claro
and Virgin.
Findings –
The Chile an Law no. 20,168, of 200 7 contributes to the goal of discouraging
conduct c ontrary to good faith or good practices in advertising in conjunction with codes
of conduct that have been approved in the field related to the systems of self-regulat ion.
Keywords:
Self-regulatio n, competition, honor, free dom of expression, tutelag e.
1. Introduction
In the past few years we have been experiencing a paradigm shift of the
traditional consumer/user model. Social trends are shifting alongside with the
arrival of new technology. Ever since the early 90s, when commercial
*
This work was supported by Fondecyt 1 1130188 project.
**
PhD (with European me ntion), Universidad de Sevilla (Spain), and Ph D,
Universidad Rey Juan Carlos (Spain). Research professor at the Universidad
Católica del Norte, Antofagasta, Chile. E -mail: dlopezjimenez@gmail.com.
***
Eng, MS c, PhD. Full profe ssor. Engi nering faculty. UNLZ. Ar gentina. Industrial
engineer. Master of total quality. Master of ITC and computers. E-mail:
andres.redchuk@gmail.com.
****
Universidad d e Navarra (Spain). E- mail: lbarrigh@alumni.unav.es.
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