do business in the Dominican Republic - Pellerano & Herrera

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DOING BUSINESS INTHE DOMINICAN REPUBLIC6ELECTRONICCOMMERCEELECTRONIC COMMERCEBackground and ObjectivesLaw 126-02 on Electronic Commerce, Digital Documents and Signatures waspassed on 4 September 2002. The application regulations of Law 126-02 wereapproved by Decree 335-03 of 8 April 2003, after a consultation process with theparticipation of international experts, and interested economic sectors.This legislation is a part of the efforts of the Dominican Government to adapt itslegal framework to the new realities and to enable the country to benefit fromthe wide advantages that new digital technologies offer for promoting economicactivity and transacting business within a global context.It should be noted here that Dominican Republic, aware of the importance ofthese processes, grants particular attention to global efforts aimed at harmonisinglegal frameworks in order to encourage the use of the digital vehicle and promoteelectronic commerce. Therefore, the country had an active participation in theWorld Summit of the Information Society held in the year 2004. In this regard, onJanuary 2003 took place in the country the Regional Preparatory Conference forLatin America and the Caribbean of that event, where a common position of thecountries of the region was established in respect of the topics of the summit.The legal framework of electronic commerce acknowledges that new technologiesare transforming traditional business practices by allowing trade systems tointerconnect directly, and that the possibility to make business transaction byelectronic means serves to promote the creation and increase of services whilereducing transaction costs, thus being a key factor commercial promotion andparticipation in global markets.Therefore, it recognises that in order to be able tobenefit from the advantages of electronic commerce and promote its growth, itis necessary to grant statutory security to such transactions by providing legalrecognition of digital signatures and data messages,particularly when the volumeof electronic exchange has significantly grown in the Dominican Republic.More specifically, its objectives are the following:To make easier electronic commerce within and among nations.To validate inter parties transactions made by using new informationtechnologies.To promote and support technological developments linked to electroniccommerce, and to promote the use of such services and to spread their usethroughout the population.Law 126-02 is based on the model laws drafted by the United Nations Commissionon International Trade Law (UNCITRAL), and regulates the notions of original,preservation, data messages and digital documents in order to provide them withlegal force.The application regulations deal with the conditions of use of digitalsignatures,as opposed to electronic signatures,providing the requirements for theestablishment of certification entities and regulating certificates of digital signatureand non-registered entities.120
Pellerano & HerreraAttorneys at lawScope of the Lawa) Scope of Application. Law 126-02 applies to any type of information containedin a digital document or data message, apart from obligations of the DominicanState under international treaties or conventions and the announcements that byvirtue of law must be printed in certain products because of the risk resultingfrom their commercialisation, use or consumption.b) DefinitionsElectronic commerce. Any business relation, whether contractual or not, buildupon the use of one or more digital documents, data messages or any similarmedium. Business relations include, without limitation, the following operations:supply or exchange of goods, services or information, distribution or representationagreements, factoring, lease or rent contracts, construction of works, consulting,engineering, license agreements, investment, financing, banking, insurance,exploitation of public services, joint ventures and other forms of industrialor commercial co-operation, and transport of passengers.Data messages. The information created, sent, received, stored or communicatedby electronic, optical or similar means, such as electronic data exchange, electronicmail, telegram, telex or fax.Electronic data exchange. Electronic transmission from one computer to another,when the information is organised according to agreed technical rules.Digital signature. Numeric value attached to a data message that, using a knownmathematical procedure linked to the key of the sender and the message text,allows to establish that such value has been obtained exclusively with the key ofthe sender and the message text,and that the initial message has not been amendedafter the transmission has been made.Electronic signature. Group of electronic integrated data,logically linked or associatedto other electronic data used by mutual agreement as means of identificationbetween the sender and receiver of a data message or digital document andthat lacks some of the legal requirements provided for digital signatures.Legal Recognition. Law 126-02 grants legal recognition to digital documentsand data messages, providing that there shall not be denied legal effects, validityor force to any type of information solely on the grounds that it is in theform of a digital document or data message. Furthermore, any legal requirementsof written proof, signature of documents and preservation of originalsshall be deemed to be fulfilled when the requirements provided in the law forsuch purposes in respect of digital documents and signatures have been compliedwith. In addition, electronic means may be used for the execution of contractsand as evidence in legal proceedings, having the same force as privateagreements.As to digital signature, it is established that it will have the same legal force and121
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FOREWORDA place to invest ...The Do
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Pellerano & HerreraAttorneys at law
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MAININVESTMENTSECTORSThe Dominican
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