The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition

Purpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of...

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Main Authors: David López Jiménez, Andrés Redchuk, Leonel Alejandro Vargas
Format: Article
Language:English
Published: Universidade de Brasília 2016-05-01
Series:Revista de Direito Setorial e Regulatório
Subjects:
Online Access:http://periodicos.unb.br/index.php/rdsr/article/view/19252
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author David López Jiménez
Andrés Redchuk
Leonel Alejandro Vargas
author_facet David López Jiménez
Andrés Redchuk
Leonel Alejandro Vargas
author_sort David López Jiménez
collection DOAJ
description Purpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish themselves favorably against their competitors have the option of adopting those instruments, which play a praiseworthy role regarding the target audience and constitutes a considerable improvement of consumer rights. However, on occasions, problems arise in the market when those systems of self-regulation bind third parties that did not voluntarily enter into a contract. This paper tackles the question of if self-regulation of advertising in the net can be put in place should it affects the honor of the third party not committed with the fair-practices document. Methodology/approach/design – In this article, we will refer to the particularities that arise from a case concerning the Chilean Law no. 20,168, of 2007, on unfair competition and self-regulation of advertising in the Internet pertaining WOM, Movistar, Entel, Claro and Virgin. Findings – The Chilean Law no. 20,168, of 2007 contributes to the goal of discouraging conduct contrary 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-regulation.
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spelling doaj.art-276814ce617446e8925660919d163ed72022-12-21T19:49:02ZengUniversidade de BrasíliaRevista de Direito Setorial e Regulatório2446-550X2446-52592016-05-0121758619252The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair CompetitionDavid López Jiménez0Andrés Redchuk1Leonel Alejandro Vargas2Catholic University del NorteUNLZUniversity of NavarraPurpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish themselves favorably against their competitors have the option of adopting those instruments, which play a praiseworthy role regarding the target audience and constitutes a considerable improvement of consumer rights. However, on occasions, problems arise in the market when those systems of self-regulation bind third parties that did not voluntarily enter into a contract. This paper tackles the question of if self-regulation of advertising in the net can be put in place should it affects the honor of the third party not committed with the fair-practices document. Methodology/approach/design – In this article, we will refer to the particularities that arise from a case concerning the Chilean Law no. 20,168, of 2007, on unfair competition and self-regulation of advertising in the Internet pertaining WOM, Movistar, Entel, Claro and Virgin. Findings – The Chilean Law no. 20,168, of 2007 contributes to the goal of discouraging conduct contrary 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-regulation.http://periodicos.unb.br/index.php/rdsr/article/view/19252self-regulationcompetitionhonorfreedom of expressiontutelage
spellingShingle David López Jiménez
Andrés Redchuk
Leonel Alejandro Vargas
The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
Revista de Direito Setorial e Regulatório
self-regulation
competition
honor
freedom of expression
tutelage
title The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
title_full The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
title_fullStr The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
title_full_unstemmed The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
title_short The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition
title_sort self regulation of electronic commerce an appraisal in accordance to the chilean law of unfair competition
topic self-regulation
competition
honor
freedom of expression
tutelage
url http://periodicos.unb.br/index.php/rdsr/article/view/19252
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