Legal Alert: E-Commerce Regulation

24 September, 2021

September 24, 2021 / By Matías Zegers, Jorge Timmermann, Paulina Farías y José Tomás Musalem. On 23 September 2021, the Electronic Commerce Regulation (the “Regulation”) was published in the Official Gazette. The purpose of the Regulation is to strengthen the transparency and quality of the information provided to Consumers on Electronic Commerce Platforms regarding the characteristics, essential features, price of the products and services offered and all other relevant information to encourage informed decision-making when purchasing products or contracting services. The Regulation defines E-Commerce Platform as any internet site or platform accessible through electronic means, which allows Sellers to offer products or services, and Consumers to purchase or contract them, as appropriate (“Platform” or “Platforms”). Thus, a Seller may offer products or services on a Platform of its own or of a third party, who would be considered as an Operator, both being subject to the provisions of the Regulation. Likewise, Sellers are considered to be those public or private suppliers that frequently offer goods or services to Consumers, for which a price or fee is charged through Platforms, and Operators are those suppliers that make a Platform available to Sellers, whether their own or a third party’s, so that they can offer their products or services to Consumers. Among the issues addressed by the Regulation, it is established that for the Consumer’s consent to be understood as formed, the Consumer must have previously had clear, understandable and unequivocal access to the general terms and conditions of the contract and the possibility to store or print them. In addition, it clarifies that silence and the mere visit to a platform do not constitute acceptance and therefore do not impose any obligation on the Consumer. On the other hand, the Regulation also deals with the provision of online information, determining the form in which this information should be provided, as well as the language and timing in which it should be presented to Consumers, so that they have the necessary background information to make an informed consumer decision. In that order, it is established that not only information relating to the product or service offered on the Platform (such as characteristics, origin, guarantees, etc.) should be provided, but also certain information that allows the identification of the Seller and/or the Operator as well as the means by which it is possible to contact them, as appropriate. If applicable, the Operator shall inform about its relationship with the Seller and the obligations it will assume towards Consumers. Regarding product information, the Regulation emphasizes the Seller’s duty to publish or provide the Operator with the terms and conditions of the contract, i.e. payment conditions and associated means of payment; exchange and return policies; information on total cost, including the breakdown in case it includes transport, dispatch or delivery, as well as conditions for the latter; information on stock and availability; right of withdrawal under the terms of Article 3 bis of Law No. 19,496 on Consumer Rights Protection; information on the contact support; etc. Likewise, the Regulation provides that, prior to payment for the product or service, the Consumer must be provided with […]

Read more

DLA Piper Chile is recognized by the prestigious Chambers Latin America Guide 2022

26 August, 2021

Our Venture Capital team has been recognized in Band 1 in Chile by Chambers and Partners’ Latin America Guide. This is a very special recognition, in what we consider our own venture. Thirteen years ago, when nothing similar existed in Chile, we established our Venture Capital area, thus being pioneers in the market. This has allowed us to advise entrepreneurs and funds and thus contribute from our position to the development of the Chilean ecosystem. In the first year of the Venture Capital category, we have been recognized as a Band 1 office and the outstanding lawyers were Matías Zegers (Band 1) and Pilar Ay (Associate to Watch). The guide also highlights the Labour & Employment areas and particularly Luis Parada. The Corporate and M&A area highlighted Matías Zegers and Rodrigo Álvarez was ranked for the first time in Tax. Details of the results can be found here. Congratulations to all our team that makes this recognition possible and to the clients who trust us!

Read more

Public Initiatives for a Carbon Credit Market in Chile

24 August, 2021

24 de august, 2021 / By Felipe Bahamondez and Roberta Andreani. Some years ago, the tax legislation established the so-called Green Tax, that is, an annual tax on emissions of particulate matter (PM), nitrogen oxides (NOx), sulfur dioxide (SO2) and carbon dioxide (CO2), produced by establishments whose fixed sources exceed the levels established by law. Almost 7 years after the creation of this tax, the Ministry of the Environment has launched a public consultation on the Regulation that establishes the obligations and procedures related to the evaluation, verification and certification of projects for the reduction of pollutant emissions to compensate for emissions taxed with the Green Tax according to the law. The deadline for comments on the proposed Regulation may be submitted until September 3, 2021. The proposed regulation defines the compensation of emissions as the act by which emissions reductions that are recorded in a certificate issued by the Ministry of Environment or by an external certification program approved by the Ministry, may be deduced from the taxable emissions. For purposes of determining the amount of taxes to be paid, taxpayers may compensate all or part of their taxable emissions through the implementation of emission reduction projects. Also, the holders of emission reduction certificates may authorize their use to compensate taxable emissions through the Registry of Pollutants Releases and Transfers (“RETC”), after the taxpayer requests the use of the certificates required for such purposes. Additionally, the proposal contemplates an emissions compensation platform, in charge of the Superintendence of Environment and that will be accessed through the RETC. Emission reductions must comply with certain requirements in order to compensate taxable emissions, for example, they must be measurable, verifiable, permanent and additional to obligations imposed by prevention or decontamination plans, emission standards, environmental qualification resolutions or other legal obligations. According to the transitory articles of the proposed Regulation, the methodologies, resolutions and registries referred to, must be issued and operational before January 1, 2023. Contacts For more information, please contact: Felipe Bahamondez Partner fbahamondez@dlapiper.cl This report provides general information on certain legal or commercial issues in Chile, and is not intended to analyze in detail the matters contained herein, nor is it intended to provide particular legal advice on such matters. The reader is advised to seek legal advice before making any decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part without the prior consent of DLA Piper BAZ | NLD SpA. (c) DLA Piper BAZ | NLD SpA 2021.  

Read more

Legal Alert: New Law limiting the generation of disposable products and plastic bottles

16 August, 2021

16 August, 2021 / By Felipe Bahamondez and Roberta Andreani. On August 13, 2021 was enacted Law No. N° 21.368, which seeks to protect the environment and reduce the generation of waste by (i) restricting the delivery of single-use products in food establishments, (ii) encouraging reuse and (iii) certifying single-use plastics, and (iv) through regulating disposable plastic bottles. Single-use products: Single-use products are defined as cups, mugs, bowls, cutlery, chopsticks, pots, mixers, staws, plates, cups, boxes or containers of prepared food, trays, sachets and non-bottle lids, as long as they are not reusable. The law prohibits the delivery of such products for in-store consumption, regardless of the material they are made of. In the case of consumption outside the establishment, the delivery of disposable products is allowed as long as they are made of recoverable materials other than plastic, or certified plastic, the latter being understood as that composed totally or partially of materials produced from renewable and compostable resources. Disposable plastic bottles: With regard to disposable plastic bottles, the law establishes that they must be composed of a percentage of plastic that has been collected and recycled within the country. The law also establishes the obligation to offer beverages in returnable bottles and to receive the same type of bottles from consumers.  Come into force, Enforcement and Regulations: The law came into force with its publication on the Official Gazette in [indicar fecha], without prejudice to special rules regarding some of the provisions contained therein. The enforcement of compliance with the law is entrusted to the Municipalities, expressly stating that any person may denounce non-compliance with the obligations regulated in it. Finally, the Ministry of the Environment must issue the regulations referred to in the law within 18 months of its publication. These regulations will specify, among other matters, those related to the certification of plastics. Contacts For more information, please contact: Felipe Bahamondez Partner fbahamondez@dlapiper.cl * This report provides general information on certain legal or commercial issues in Chile, and is not intended to analyze in detail the matters contained herein, nor is it intended to provide particular legal advice on such matters. The reader is advised to seek legal advice before making any decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part without the prior consent of DLA Piper BAZ | NLD SpA. (c) DLA Piper BAZ | NLD SpA 2021.

Read more

Relevant information about Covid-19

13 April, 2020

Check all the legal alerts prepared by our team on the occasion of the Covid-19 in our country. View more

Read more

DLA Piper Coronavirus Resource Center

16 March, 2020

The outbreak of the coronavirus disease 2019 (COVID-19) represents one of the most significant global public health crises in the last 100 years and is causing major disruptions and unprecedented volatility in markets, economies and businesses. That’s why DLA Piper has created a web site where you can find all the relevant information worldwide in one place. View more

Read more

Eurofarma improves its position in the Chilean pharmaceutical market (Lex Latin)

1 July, 2019

DLA Piper Chile advised Inversiones SB in the entire transaction of the sale of Productos Farmacéuticos Medipharm. Lex Latin

Read more