GP&H Suite


GP&H Suite

12 Mar

Legal and Tax aspects of E-commerce in Mexico


An online store has many opportunities that can be taken advantage of, unlike physical stores; however, it is of utmost importance to know the e-commerce regulations in Mexico to avoid any problems in the development of the business.

The Mexican E-Commerce Standard: NMX-COE-001-SCFI-2018, provides that all businesses that offer and market products or services through electronic means must adjust their systems or pages to comply with the regulations, so online stores must guarantee the rights of consumers, seeking an equitable legal framework, with certainty and legal certainty.

In this sense, the regulation’s objective is to ensure transparency through a legal framework that directs online stores to indicate the responsibilities and data of all suppliers involved, whether direct or subcontracted. In addition to establishing the obligation to inform the conditions, characteristics, and specifications of the goods, products, or services offered, in addition to the availability of mechanisms to verify the operation (security and confidentiality of data), without neglecting the benefits of having an online store, some of which are:

  1. Expand the company’s database and customer base to expand their business and sales.
  2. It makes it possible to have business hours 24 hours a day, every day of the year, thanks to the online environment. This can be advantageous for the company concerning its competitors since customers can find them and access their product catalog very easily and at any time.
  3. It allows to improve communication and feedback with customers, attend to their requests and questions. In this way, you can also generate greater customer loyalty.
  4. The company can greatly reduce its costs, both in production and personnel and administration.
  5. It is more convenient for many customers. It allows them to find offers and lower prices, in addition to savings in time and travel.

However, during June 2020, the digital tax already being discussed by legislators in Mexico at the end of 2019 came into force. Digital platforms such as Mercado Libre, Amazon, Airbnb, Uber, among many other similar ones, now have functions to withhold VAT and ISR to people who generate income with these platforms.

Regarding the most important legal aspects, the terms and conditions are a fundamental document since it establishes the conditions for contracting a service or purchasing a product; this specific document determines each party’s responsibilities in the commercial transaction.

On the other hand, it is common for online stores to handle sensitive data in the contact forms, and according to the Law of Protection of Personal Data in Possession of Individuals, a simplified privacy notice must be displayed on the website, some important points to consider in the privacy notices are:

  • Identity data.
  • Purpose and use of the data.
  • Refusal mechanism.
  • Place of consultation of the integral privacy notice.

Génesis Moyeda Salazar

Gloria Ponce de León & Hernández


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