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ELECTRONIC COMMERCE AND INTERNATIONAL NEGOTIATIONS: NEW CHALLENGES.



Dear, I leave my authorship work on electronic commerce and international data transfers, I hope you enjoy it and be fine translation. Thanks for the space and respect.



ELECTRONIC COMMERCE AND INTERNATIONAL NEGOTIATIONS: NEW CHALLENGES.


Lawyer graduated from the UNLP (Argentina). Researcher-Professor at the UBA (Invited Specialization in Computer Law), and the USAL (Master of Science of Legislation). Member of the Latin American Observatory on Data Protection; the Institute of Political and Constitutional Law at the Faculty of Law and Social Sciences of the UNLP, and other institutions Scientific-academic. International Jurist most worthy recognition by the University of Trujillo, Peru.
E-Mail: romicabrera83@gmail.com
http://oiprodat.com/romina-florencia-cabrera/


KEYWORDS: Electronic-Internet-Constitution-Consumer-Trades Upgrade International Trade.


SUMMARY: With the advent of Internet a new sales channel (Web) that does not require the physical presence of the parties was created. The result is a new kind of company dedicated to selling physical products through the network or online mode. In international data transfers, emerged in the globalized world and mainly in the area of ​​electronic commerce, states, companies and other institutions must adopt unifying criteria processing of personal data and uniform regulations regarding these issues.



METHODOLOGICAL APPROACH:
To develop this research on Paper to submit (to ensure and deepen the scientific approach to work), I will use the qualitative method to determine the value of the object of study. The quality, the quality of it, the way of being or property. The other method of research will be the Deductive; Starting from general knowledge, to get to the particular issue, to support the hypothesis of the thesis of the conclusions, which will reveal the possible solutions to the problem statement. The state of the art of the issue on Consumer Rights, as we have seen from the local and international law and its consequences. Today the issue varies and there is a hinge: the Internet. It is the most wonderful invention of man, but must be used with restraint and respect for DHH and Constitutional Guarantees; but it will be a tool that could even undermine civil liberties and rights already conquered. I will analyze the material I've collected, subject related to my work, and to develop a Hypothesis to prune express it. My proposal is that through the unification of legal criteria, can achieve a more uniform and pragmatic on Consumer Rights on the Internet, and its transnational impact legislation.

INTRODUCTION

DEVELOPMENT.

Since commerce was invented and until today, companies and traders have sold products that were physical objects, ie objects that could be perceived by the senses as food, household items, medicines, cars, books, etc. . These "physical" goods are offered to customers through a distribution channel or physical sale (face to face or in front of a counter): commercial and sellers directly visiting customers, or users who personally approached the commercial establishments. [1]
With the advent of Internet a new sales channel (Web) that does not require the physical presence of the parties was created. The result is a new kind of company dedicated to selling physical products through the network or online mode. The first companies were Amazon, Apple, Dell, Best Buy, Staples, Walmart, Zappos, Vistaprint, etc. This group companies that began with the sale of physical products in physical places after migrating to the digital channel joined.
The company dedicated to electronic commerce fills a new niche market: physical goods sold via a web channel. Internet revolutionized the world of physical distribution: shops dedicated to selling shoes, books, music, movies or consumer electronics could now also sell through cyberspace. Sales through a web channel could be made using online forms, downloads from platforms, file storage in the cloud, email, etc. [2]
.

LEGAL RULES IN ARGENTINA. CONSTITUTIONAL BLOCK

The legal framework regulating consumer relationship and the rights and duties of the actors involved in that relationship is structured from the provision contained in Article 42 of the Constitution. The Constitution is a real bill of rights and obligations complements basically with the Consumer Protection Law No. 24,240 and its amendments. [3]
The basic law is the Constitution of Argentina. It declarations, rights and guarantees of citizens are enshrined. The state must respond to social demands of citizenship. In Art. 43, third paragraph, the guarantee of Habeas Data, an action of effective legal protection within the constitutional procedural law, which differs from the Data Protection, an autonomous and independent law declared by the Spanish Protection Agency established of data. They also take into account international treaties of Art. 75, paragraph 22, which incorporate human rights treaties with constitutional rank. Also Art. 18 (Principle of Legality) and 19 (Principle of Reserve). [4]


In international data transfers, emerged in the globalized world and mainly in the area of ​​electronic commerce, states, companies and other institutions must adopt unifying criteria processing of personal data and uniform regulations regarding these issues.
Quality control of products and services, assurance and certification, as well as the duties of the same information to consumers by suppliers, is essential for successful business development.
DATA EXCHANGE TRASFORNTERIZOS.

The resulting economic and social integration of the establishment and operation of a global market, has led to a remarkable development of cross-border flows of personal data between different public and private agents established in different countries. This data stream has been favored by factors such as the advancement of information technology and in particular, the development of the Internet, which greatly facilitate the processing and exchange of information and for sharing technology resources, centralize certain activities and processes and reduce costs in the provision of services by the company outside the country where it is established





According to authors like Roberto Ruiz Diaz Labrano in electronic business transactions, it is difficult to establish a connection element, because they are not made in the physical world, but its territory is the virtual world, cyberspace. The Internet is the main channel e-commerce, as it was before the fax or EDI. The determination of the applicable law and jurisdiction is a separate issue and consensus between the contracting parties.
The autonomy should reward between supplier and consumer or user: lex mercatoria chosen may be referred, as in several judgments, the defendant or the claimant's domicile, where the contract originated or where the most damage arose. The latter criterion is being very chosen because judicial practice.
In common law countries it is much more practical to apply a uniform law or comunitario', according to the experience gathered in the courts, but in a different system, the parties must resort to private international law and public to find solutions within the rules of the international community, to ensure due rights and obligations.
According Labrano [5], in addition to the Rome Convention on Treaties, the UN Convention could be adopted on International Sale of Goods of 1980, from UNIDROIT principles of international commercial contracts or UNCITRAL the "model law e-commerce ".

CONCLUSIONS
All this could be solved in the framework of the European Union with the adoption of a Latin American stamp for the processing of personal data, not just in the eurozone, but outside it, to build confidence, certainty in the quality of personal information, and legal certainty in business models, which greatly benefit the market, and above all, strengthen constitutional guarantees and human rights. [6]
 
It can reach a satisfactory resolution of the issue through international cooperation among countries and their stakeholders in decision-making on these issues, stop being agents of change and transformation of the legal criteria, unifying the benefit of treatment, promotion and protection of personal data.
In our legislation should take these criteria to meet social demands arising in the context of the development of electronic commerce, such as duties of consumer information, possible defects in the product or service, claims and obviously the Protection of Personal Data, (an autonomous and independent law declared by the Spanish data Protection Agency). All through reasonable criteria, with clear language for the consumer, good practices, methods of alternative dispute resolution and self-regulation. And especially with ethics, and not only in codes, but in life itself, in every act of daily life, we can act individually to benefit the common good. And more on the Internet, where social behaviors multiply their impact by the rapidity of the information ... is the Infoethics call, which I shall deal later.


[1] "Law and Identity Digital post mortem". http://www.lenguajejuridico.com/testamento-digital/.">Website: http://www.lenguajejuridico.com/testamento-digital/. Date of consultation: 21/03/2016.

[2] "Law and Identity Digital post mortem". http://www.lenguajejuridico.com/testamento-digital/.">Website: http://www.lenguajejuridico.com/testamento-digital/. Date of consultation: 21/03/2016.


[3] National Constitution Argentina. http://www.senado.gov.ar/Constitucion/capitulo1.">Website: http://www.senado.gov.ar/Constitucion/capitulo1. Site Date of consultation: 04/13/2016.

[4] National Constitution Argentina. Op. Cit.
[5] Labrano Ruíz Diaz, Roberto. Op. Cit.
[6] Fundamentals expressed by the Director Daniel Lopez Carballo, Director of the Latin American Observatory on Data Protection and its members (including myself included), in the recent Declaration of San José, "Towards the introduction of a stamp on treatment personal data in Latin America ". http://oiprodat.com/declaracion-de-san-jose/ .">Website: http://oiprodat.com/declaracion-de-san-jose/. Consulted on site: 04.13.2016.

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