Geneva, 12 June 2009 - A new UNCTAD study on cyberlaws in Latin America provides a basis for advancing plans for a harmonized legal framework to support the development of Internet-based commerce in countries of the Asociación Latinoamericana de Integración (ALADI).
The regional study, released today, was prepared as part of UNCTAD assistance to ALADI member countries in the area of information and communication technology (ICT) and law reform. To spur the increased use of and reliance on ICTs, especially the Internet, for commercial and administrative activities, new laws and regulations are needed and existing laws may need to be revised. This is particularly relevant for entrepreneurs in developing countries who are increasingly using various kinds of ICTs to conduct business and for governments that are providing e-government services to their citizens. To ease cross-border transactions, legal issues arising from new technologies should be addressed in a harmonized manner within and among ALADI member countries, the study recommends.
This UNCTAD study is the first of its kind. It presents a comparative review of the laws and bills of 11 ALADI member states in the area of electronic transactions and electronic signatures, consumer protection, data privacy, cybercrime, intellectual property and domain names. It takes stock of major regional initiatives, including the eLAC (plans of action for the information society in Latin America), and of the steps taken by regional and subregional institutions such as ALADI, Mercado Común del Sur (MERCOSUR) and Asia-Pacific Economic Cooperation (APEC) in developing cyberlaws and related programmes. ALADI member countries are part of various international, regional and subregional institutions. This has led to a proliferation of policy instruments and public policies that form a complex regulatory mosaic in which one country can be required to comply with provisions adopted by different organizations. This can result in incompatibilities between laws and regulations, the development of disparate public rules and policies, duplication of efforts and lack of coordination among international and regional institutions and national governments.
Based on the findings of the comparative review and the stocktaking exercises of the study, UNCTAD draws a series of conclusions. One of the main legal issues of concern to ALADI member countries is the regulation of electronic transactions. Such regulations are paramount for governments that are developing e-government platforms to provide information, online tax payment and procurement services to their citizens; these regulations are also important for facilitating e-commerce. Global uniform legislative standards in this field have been developed by the United Nations Commission on International Trade Law (UNCITRAL). UNCITRAL texts include the United Nations Convention on the Use of Electronic Communications in International Contracts, 2005 (the Electronic Communications Convention); the UNCITRAL Model Law on Electronic Signatures, 2001 (MLES); and the UNCITRAL Model Law on Electronic Commerce, 1996 (MLEC). Out of the 11 countries that participated in UNCTAD workshops on these topics, only six have adopted the MLEC, five have adopted the MLES and two have signed, but not yet ratified, the Electronic Communications Convention. Countries in the region are therefore encouraged to consider these instruments, which address their immediate needs and provide legal support, for example, to the mutual recognition of electronic signatures, including digital certificates issued to ease cross-border trade. The UNCTAD study notes that the wider use of digital signatures in the region could encourage the cross-recognition of digital certificates issued by different certification bodies, whether private or public.
UNCTAD notes that countries in the region have reformed or are in the process of adapting their civil, commercial, penal, fiscal and administrative laws, and this process may require additional efforts to address multiple government levels in some countries, such as in the case of Mexico, where 32 states have adopted different regulations.
Following UNCTAD work in Central America, another study for this region will be prepared in the third quarter of 2009.
About UNCTAD assistance
UNCTAD assistance in this field is carried out by the Science, Technology and ICT Branch and by the TRAINFORTRADE programme (http://learn.unctad.org/) in cooperation with ALADI and with the support of the Government of Spain.
Similar activities are being carried out in Africa and Asia. With its capacity-building programmes on ICT and law reform based on the TRAINFORTRADE methodology, UNCTAD intends to contribute to the advancement of the information economy by linking the development of a harmonized legal infrastructure with trade initiatives and other regional ICT programmes. UNCTAD also seeks through the programme to promote human resource development as a key element for growth and economic progress through a process that encourages national and regional "ownership".
