Best E-commerce & Internet Law Lawyers in Salvaleón de Higüey

About E-commerce & Internet Law Law in Salvaleón de Higüey, Dominican Republic

E-commerce and Internet law in Salvaleón de Higüey is governed by national Dominican legislation that applies uniformly across the country, with local courts in La Altagracia province handling disputes that arise in the area. This field covers how electronic contracts are formed, the legal validity of electronic signatures, consumer protection for online sales, data protection and privacy, cybersecurity obligations, online intellectual property, advertising standards, taxation of digital transactions, and domain name issues. Because Salvaleón de Higüey sits in a dynamic tourism and services region, many online transactions are cross-border and involve travelers, hotels, tour operators, delivery platforms, and small merchants selling to consumers inside and outside the Dominican Republic. The core framework includes Law 126-02 on electronic commerce and digital signatures, Law 172-13 on personal data protection, Law 53-07 on high technology crimes and offenses, Law 358-05 on consumer protection, and IP laws relevant to online content and branding.

Why You May Need a Lawyer

Businesses and individuals often seek counsel when launching or scaling an online store or marketplace, drafting terms and conditions and privacy policies, or choosing the correct type of electronic signature for contracts. Legal help is common when collecting, storing, or transferring personal data to cloud providers, when responding to a data breach, or when handling consumer complaints and chargebacks. Companies need guidance to comply with advertising and influencer marketing rules, to remove infringing content or counterfeit goods, to negotiate platform agreements and payment processing terms, and to resolve disputes over domain names ending in .do. A lawyer can advise on ITBIS and invoicing rules for online sales, on cross-border shipping and returns policies, and on cybersecurity practices that reduce exposure under Law 53-07. Victims of online fraud, extortion, or identity theft also benefit from counsel to coordinate with law enforcement in Higüey and national authorities.

Local Laws Overview

Electronic commerce and signatures. Law 126-02 recognizes the legal validity of electronic documents and signatures. A qualified digital signature backed by a recognized certification service provider has the same legal effect as a handwritten signature, provided integrity and authentication requirements are met. Certain acts still require formalities that cannot be fully digitized, such as some real estate and family law acts, so legal advice is recommended before executing high value contracts electronically. The Dominican Institute of Telecommunications, known as INDOTEL, oversees aspects of the certification service provider ecosystem established by the law.

Consumer protection. Law 358-05 requires truthful information, transparent pricing, and clear terms for distance and online sales. E-commerce sellers must disclose their identity, address or contact channels, essential product characteristics, total price including taxes and fees, delivery times, and after sales service. Clauses considered abusive can be declared null. Pro Consumidor, the national consumer protection authority, supervises compliance and handles complaints, conciliation, and inspections. Keep return, warranty, and complaint handling policies clear and easy to find.

Data protection and privacy. Law 172-13 regulates the collection and processing of personal data. Key principles include legality, purpose limitation, proportionality, consent where required, data quality, security measures, and respect for data subject rights such as access, rectification, cancellation, and opposition. International data transfers should ensure adequate protection through legal mechanisms and contracts. Controllers must implement security controls, train staff, and respond to rights requests within legal timelines. Some sectors have additional confidentiality duties.

Cybercrime and cybersecurity. Law 53-07 criminalizes unauthorized access, interference with systems or data, electronic fraud, identity theft, and other computer related offenses. The National Cybersecurity Center coordinates prevention and response, and there is a national incident response capability. Businesses are expected to adopt reasonable cybersecurity measures in line with industry standards, maintain logs and backups, and prepare an incident response plan. Reporting to authorities can be advisable when crimes or significant risks to data subjects are involved.

Intellectual property online. Law 65-00 on copyright and Law 20-00 on industrial property protect content, trademarks, and technology. Online uses of others trademarks, photos, videos, software, and texts require permission unless a legal exception applies. Platform operators should implement clear notice and takedown procedures. Rights holders can pursue administrative, civil, or criminal actions depending on the infringement.

Telecommunications and platforms. The General Telecommunications Law 153-98 establishes the broader regulatory environment for digital services. Hosting providers and platforms should adopt terms governing user content, prohibited activities, and cooperation with lawful requests. There is no Dominican equivalent of the United States DMCA, but local remedies and platform policies are available.

Domain names. The .do country code top level domain is administered by the local registry known as NIC.DO. Domain registration is on a first to file basis subject to the registry rules. Disputes over abusive registrations can be addressed under policies that are similar in structure to international domain name dispute processes.

Tax and e-invoicing. The General Directorate of Internal Taxes, known as DGII, administers ITBIS and other taxes. Online sellers must register, invoice correctly, and collect and remit applicable taxes. The electronic tax receipt system, called Comprobante Fiscal Electrónico or e-CF, governs electronic invoicing formats and controls. Cross-border digital services and marketplace models can raise additional obligations, so early tax planning is recommended.

Advertising, spam, and children. Marketing must be truthful and not misleading. Influencer advertising should be clearly identified as advertising and comply with consumer protection and unfair competition rules. Unsolicited commercial communications are restricted under consumer and data protection principles and should include an easy opt out. If a service is directed at minors, apply enhanced transparency and parental consent measures.

Local enforcement and courts. In Salvaleón de Higüey, disputes may be filed before the Justice of the Peace and First Instance Courts for La Altagracia, with appeals heard regionally. Administrative proceedings can be brought before Pro Consumidor, INDOTEL in telecommunications related matters, and DGII in tax matters, while cybercrime cases are investigated by specialized police and prosecutors.

Frequently Asked Questions

Are electronic contracts and digital signatures valid in the Dominican Republic?

Yes. Law 126-02 grants legal validity to electronic contracts and recognizes digital signatures that meet technical and certification requirements. A qualified digital signature supported by a recognized certification service provider is generally equivalent to a handwritten signature. Some transactions still require notarization or public registry formalities, so confirm the correct form before signing high value or high risk agreements electronically.

What information must my online store display to comply with consumer rules?

You should clearly display your legal name or business name, tax identification, physical or service address and reliable contact channels, full product or service description, total price including taxes and fees, delivery methods and timelines, payment methods, warranty and return policies, and complaint handling procedure. The information must be truthful, complete, and shown before the consumer completes the purchase.

Do I need a privacy policy for my website or app?

Yes if you collect personal data such as names, emails, phone numbers, IDs, geolocation, or payment details. Under Law 172-13 your privacy notice should explain what data you collect, your legal basis, purposes, retention periods, security measures, whether you share data with third parties or transfer it abroad, how users can exercise their rights, and how to contact you. Keep records of consent where required.

Can I store personal data in the cloud or transfer it outside the country?

Yes if you implement safeguards. Law 172-13 allows international transfers provided the recipient offers adequate levels of protection or you use contractual and organizational measures that ensure data will be processed lawfully, securely, and only for the specified purposes. Evaluate your provider, use appropriate contracts, and inform users in your privacy policy.

How should I structure my terms and conditions and return policy?

Use clear, readable terms that define the parties, ordering and payment process, delivery, risk of loss, returns and refunds, warranties, customer support, limitations of liability within legal limits, dispute resolution, and governing law. Return and warranty policies must comply with Law 358-05 and should not contain abusive clauses. Make the terms available before checkout and capture user acceptance.

What should I do if my business suffers a data breach or cyberattack?

Activate your incident response plan. Contain the incident, preserve logs and evidence, assess affected systems and data, and remediate vulnerabilities. Notify impacted users and relevant authorities when risks to individuals are significant or when crimes may have occurred. Consider contacting the National Cybersecurity Center and specialized police units, and consult counsel to manage regulatory and contractual obligations.

How are online fraud, phishing, or identity theft handled locally?

These are crimes under Law 53-07. You can file a complaint with the specialized police unit for high tech crimes in the National Police and with the specialized prosecutor. Preserve emails, headers, IP logs, transaction records, and screenshots. Your bank or payment processor should be notified immediately to try to mitigate losses and block compromised instruments.

How are .do domain name disputes resolved?

.do domains are administered by NIC.DO. If someone registers a domain that infringes your trademark in bad faith, you may file a complaint under the registry dispute policy, which is modeled on international standards for abusive registration. Alternatively, you may bring a civil action based on trademark law. Early trademark registration with ONAPI and proactive domain name strategy help prevent conflicts.

What taxes apply to online sales and digital services?

Domestic online sales of goods and taxable services generally carry ITBIS, subject to exemptions. You must register with DGII, issue valid invoices or e-CF, and remit taxes on schedule. Marketplace operators, payment facilitators, and cross-border suppliers can face special collection or reporting obligations. Because rules evolve, obtain tailored tax advice before launching operations or changing business models.

Do platforms or marketplaces bear liability for seller content or products?

Dominican law does not replicate a single safe harbor regime. Liability assessment depends on your role, knowledge of unlawful content or defective products, and how you respond to notices. Platforms should implement clear content policies, notice and takedown procedures, seller verification and compliance controls, and prompt cooperation with lawful orders to reduce risk under consumer, IP, and criminal laws.

Additional Resources

Pro Consumidor, the national consumer protection authority, for guidance on online sales, advertising, warranties, and complaint resolution. Offices and service centers operate nationally, including channels accessible from La Altagracia province.

INDOTEL, the Dominican Institute of Telecommunications, for matters involving certification service providers for digital signatures, telecommunications rules, and certain digital service policies.

General Directorate of Internal Taxes, known as DGII, for taxpayer registration, ITBIS obligations, and electronic invoicing under the e-CF system.

National Cybersecurity Center and the national incident response capability, for cybersecurity alerts, best practices, and coordination during cyber incidents.

Specialized units for high tech crimes, including the National Police cybercrime investigations unit and the Specialized Prosecutor against High Tech Crimes, for reporting cyber offenses.

ONAPI, the National Office of Industrial Property, for trademark and patent registration relevant to online branding and domain strategies.

NIC.DO, the .do domain registry, for domain registration rules, dispute policies, and technical requirements.

Local courts of the Judicial District of La Altagracia and the Public Ministry offices in Salvaleón de Higüey, for filing civil actions or criminal complaints.

Cámara de Comercio y Producción de La Altagracia, for commercial registry services, certificates, and support to local businesses operating online.

Next Steps

Clarify your business model and data flows. Map what you sell, to whom, from where, and how you collect and use personal data. Identify third party providers such as payment processors, logistics, hosting, and marketing tools.

Consult a local lawyer experienced in e-commerce and technology. Request a compliance review covering Law 126-02, Law 172-13, Law 358-05, Law 53-07, IP rules, and DGII tax obligations. Ask for a prioritized action plan with timelines.

Draft or update your core documents. This usually includes terms and conditions, privacy policy, cookie notice, returns and refunds policy, seller agreements if you run a marketplace, data processing addenda with vendors, and an incident response plan. Provide Spanish versions for consumers in the Dominican Republic.

Implement technical and organizational safeguards. Enable secure authentication, encryption in transit and at rest, role based access, logging and monitoring, vendor risk assessments, and regular backups. Train staff on data protection and fraud prevention.

Prepare for taxes and invoicing. Register with DGII, configure your invoicing to issue valid e-CF where applicable, and set up internal processes for tax collection, reconciliation, and reporting. Review cross-border scenarios with your advisor.

Secure your brand and domains. Register key trademarks with ONAPI, obtain relevant .do domains, and set up a takedown and enforcement protocol for infringements on platforms and social networks.

Document evidence and communication channels. For disputes or incidents, keep contracts, order records, user consents, logs, and correspondence organized. Establish easy to find customer service channels that help resolve issues before they escalate.

If a dispute or incident arises in Salvaleón de Higüey, contact local authorities promptly and involve counsel to preserve rights, meet deadlines, and choose the most efficient forum, whether administrative conciliation, civil court, or criminal complaint.