Best E-commerce & Internet Law Lawyers in Salcedo

About E-commerce & Internet Law Law in Salcedo, Dominican Republic

E-commerce and Internet law in Salcedo sits within the national Dominican legal framework that governs how businesses sell online, process data, advertise, issue electronic invoices, and protect consumers and intellectual property. Salcedo is the capital of the Hermanas Mirabal province, so companies operating there follow the same national rules enforced by Dominican regulators and courts, complemented by local procedures like business registration with the local Chamber of Commerce and municipal authorizations where applicable.

Dominican law expressly recognizes the legal validity of electronic documents, contracts, and signatures. Consumer protection rules apply to online sales, requiring truthful advertising, clear pricing and terms, proper handling of returns and warranties, and fair complaint processes. Data protection and cybersecurity rules also apply to websites, apps, and any business that collects or uses personal information from customers, employees, or vendors.

Taxes are a key part of e-commerce compliance. Businesses must register with the tax authority, charge and remit applicable VAT known as ITBIS when required, issue compliant electronic fiscal receipts, and keep proper records. Cross-border sales can trigger customs, tax, and consumer law issues, and payments and fintech features can require additional licensing or risk controls.

Because e-commerce operations weave together several areas of law, entrepreneurs and established companies in Salcedo often work with counsel to set up compliant operations, prevent disputes, and respond quickly to regulatory inquiries or cyber incidents.

Why You May Need a Lawyer

When launching an online store or marketplace, a lawyer can help choose the right business structure, complete mercantile registration in the Hermanas Mirabal Chamber of Commerce, align municipal permits for any local office or warehouse, and set up vendor and logistics contracts that reduce risk.

Terms of use, privacy policies, cookie notices, and return policies need to match Dominican consumer and data rules. Counsel can draft these documents in clear Spanish for Dominican users, balancing customer experience with enforceable protections and jurisdiction clauses.

If you collect, analyze, or share personal data, you will benefit from guidance on lawful bases for processing, consent mechanisms, email and SMS marketing rules, cross-border transfers, vendor due diligence, and data subject rights response procedures.

Cybersecurity incidents like account takeovers, payment fraud, or ransomware benefit from a prepared legal response plan. A lawyer can coordinate notifications, evidence preservation, regulator communications, and claims against bad actors or negligent vendors.

Advertising and influencer campaigns should be reviewed for truth-in-advertising, disclosure of sponsored content, comparative claims, sweepstakes and promotions rules, and age-restricted products. Early review reduces costly takedowns and sanctions.

Intellectual property needs proactive protection. Counsel can help clear a brand name, register a trademark with ONAPI, address .do domain issues, draft IP clauses with designers and developers, and file takedown notices against infringers.

Tax compliance is essential. A lawyer working with a tax professional can align ITBIS collection, electronic invoicing obligations, withholding on foreign services, and the practical setup of accounting and e-CF issuance through DGII systems.

Cross-border sales raise questions about applicable law, shipping and customs under the courier regime, chargebacks, and dispute resolution. Local counsel can tailor contracts and customer terms to minimize exposure.

Local Laws Overview

Electronic commerce and signatures are governed by Law 126-02 on E-commerce, Documents and Digital Signatures and its implementing regulation. The law grants legal equivalence to electronic documents and recognizes electronic signatures, including advanced digital signatures supported by certificates from accredited providers. It sets rules for the formation of electronic contracts, record integrity, and admissibility of electronic evidence.

Consumer protection for online sales is primarily under Law 358-05. Sellers must provide clear and sufficient information about products, prices, delivery times, and total costs, avoid misleading advertising, honor guarantees, and maintain accessible complaint channels. Pro Consumidor oversees compliance and can intervene in disputes, impose sanctions, and require corrective measures.

Personal data processing is governed by Law 172-13 on Personal Data Protection. Businesses must have a lawful basis to collect and use personal data, limit processing to stated purposes, implement security measures, and respect rights of access, rectification, cancellation, and opposition. Transfers of personal data abroad require safeguards or consent. Privacy notices should clearly explain practices in Spanish for Dominican users.

Cybercrime is addressed by Law 53-07 on High Technology Crimes and Offences. It penalizes unauthorized access, interference, fraud, and related conduct. Companies are expected to implement reasonable security controls. Reporting to authorities and preserving digital evidence are crucial steps when incidents occur.

Telecommunications and certain aspects of digital certification are overseen by INDOTEL. Rules affecting commercial email, messaging conduct, and certification service providers may apply depending on your operations. Businesses should ensure that marketing communications respect consent and opt-out standards.

Intellectual property is protected under Industrial Property Law 20-00 for trademarks and patents and Copyright Law 65-00 for works and software. Online businesses must avoid unauthorized use of others identities, trademarks, photos, text, or software and should register their own rights. The .do domain registry applies naming and dispute policies for domain registrations.

Tax obligations are overseen by DGII. Dominican e-commerce businesses typically must register for an RNC, charge and remit ITBIS where applicable, issue compliant e-CF electronic invoices, and maintain accounting records. Payments to foreign service providers can trigger withholding or reverse-charge style obligations. Local accountants often coordinate the technical setup of e-invoicing and reporting.

Company formation and commercial activity require mercantile registration with the local Chamber of Commerce and Production. In Salcedo, the Hermanas Mirabal Chamber processes the Registro Mercantil. Physical facilities like offices or warehouses may also need municipal licenses and payment of local municipal taxes. Labor and contractor relationships are governed by the Dominican Labor Code, which affects e-commerce staffing, shifts, and remote work policies.

Cross-border e-commerce must consider customs rules by the General Directorate of Customs. The courier regime can facilitate low-value shipments under defined conditions. Proper declarations, invoices, and product compliance documentation help prevent delays and penalties.

Frequently Asked Questions

Are electronic signatures valid for contracts in the Dominican Republic?

Yes. Law 126-02 recognizes the validity of electronic documents and signatures. Advanced digital signatures supported by qualified certificates offer strong evidentiary value. For high-value or high-risk contracts, businesses often use certified digital signatures and robust verification procedures.

What legal documents should my online store include?

You should have clear terms of use, a privacy notice tailored to Law 172-13, a cookie statement if you use tracking technologies, transparent pricing and shipping terms, warranty and return policies, and a complaints contact. If you operate a marketplace, add seller onboarding rules, prohibited items policies, and IP complaint procedures.

Do I need to register my business in Salcedo to sell online?

If you are operating a Dominican business, you typically need mercantile registration with the Hermanas Mirabal Chamber of Commerce, a tax registration number with DGII, and any applicable municipal license for your local premises such as an office or warehouse in Salcedo. Foreign companies selling into the country should assess tax and consumer law exposure and may need a local presence depending on the model.

How do taxes work for e-commerce sales?

Most Dominican sellers must charge ITBIS on taxable goods and services, issue electronic fiscal receipts known as e-CF, and file periodic returns with DGII. You should also track income tax obligations and possible withholding on payments to foreign vendors. An accountant and lawyer can set up compliant invoicing and reporting.

What are my obligations under data protection law?

Collect only what you need, state your purposes clearly, obtain consent where required, secure the data, and honor user rights of access, rectification, cancellation, and opposition. If you transfer data abroad or engage processors, include contractual safeguards. Keep records of processing and train staff who handle personal data.

How should I handle a data breach or cyberattack?

Activate your incident response plan, isolate affected systems, preserve logs and evidence, assess the scope and types of data affected, and consult counsel about notifications to users and authorities. Coordinate with your payment processors, hosting providers, and insurers. Document your remediation steps to reduce legal exposure.

Can I run influencer campaigns and online promotions?

Yes, but ads must be truthful and not misleading. Influencers should disclose paid relationships clearly. Promotions and sweepstakes need clear rules and compliance with consumer protection standards. Claims like health or performance benefits require substantiation. Keep copies of materials and approvals.

What if someone registers a .do domain similar to my brand?

You can evaluate trademark rights and the .do registry policies to seek transfer or cancellation where appropriate. You may also send cease-and-desist letters, file complaints with the registry, or pursue court or arbitration options. Registering your trademark and domain portfolio early is the best prevention.

Are there special rules for email and SMS marketing?

Obtain consent where required, identify the sender, provide a working opt-out, and honor unsubscribes promptly. Keep marketing lists secure and contractually restrict how vendors use your data. Align your practices with consumer protection and telecommunications norms.

What should my online returns policy cover?

State eligibility conditions, timelines, the process for returns, who pays for shipping, how refunds are issued, and any exceptions such as personalized goods. Ensure the policy is easy to find before checkout and that it aligns with Dominican consumer protection requirements and your warranty obligations.

Additional Resources

Pro Consumidor - National Consumer Protection Institute that supervises advertising, returns, guarantees, and complaint handling for online sales.

Dirección General de Impuestos Internos DGII - Tax authority responsible for ITBIS, income tax, electronic invoicing e-CF, and taxpayer registration RNC.

Instituto Dominicano de las Telecomunicaciones INDOTEL - Telecommunications regulator that oversees certification service providers and certain digital communications conduct.

Dirección General de Aduanas DGA - Customs authority that regulates cross-border shipments and the courier regime for low-value imports.

Oficina Nacional de la Propiedad Industrial ONAPI - Trademark and patent office for brand protection and searches.

Oficina Nacional de Derecho de Autor ONDA - Copyright office for protecting software, photos, text, and other creative works.

Cámara de Comercio y Producción de Hermanas Mirabal - Local chamber in Salcedo that processes the Registro Mercantil and offers business services and alternative dispute resolution options.

Ministerio Público - Specialized cybercrime units and the National Police investigate technology crimes under Law 53-07.

Centro Nacional de Ciberseguridad - National body that promotes cybersecurity readiness, best practices, and incident coordination.

Ministerio de Industria, Comercio y Mipymes MICM - Provides guidance and support programs for commerce and small businesses, including digital transformation initiatives.

Next Steps

Map your business model and data flows. Identify what you sell, where your customers are, what personal data you collect, who your vendors are, and how you deliver and support orders. This lets counsel pinpoint the exact laws and regulators that apply.

Complete core registrations. In Salcedo, coordinate your mercantile registration with the Hermanas Mirabal Chamber of Commerce, obtain your RNC from DGII, and align any municipal licenses for your office or warehouse. If you plan to sell nationwide, ensure your logistics and courier partners meet customs and delivery requirements.

Draft and implement policies. Prepare clear terms of use, privacy and cookie notices, returns and warranty terms, and internal procedures for data protection and incident response. Train staff who handle customer data, payments, and complaints.

Set up compliant invoicing and taxes. Configure your systems to issue e-CF electronic invoices, collect ITBIS when required, and reconcile monthly with your accountant. Document tax positions for cross-border services and marketplaces.

Harden security and vendor contracts. Implement reasonable security controls, conduct vendor due diligence, and include data protection, confidentiality, and service level clauses in contracts with developers, hosts, and logistics providers.

Engage a local lawyer early. A lawyer experienced in e-commerce and Internet matters in the Dominican Republic can review your documents, flag regulatory gaps, and represent you in negotiations or disputes. Early advice in Salcedo can prevent costly corrections later.

This guide provides general information, not legal advice. For guidance tailored to your situation in Salcedo, consult a qualified Dominican attorney and a licensed accountant familiar with e-commerce operations.