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

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

E-commerce and Internet Law in Salvaleón de Higüey is primarily governed at the national level by Dominican statutes and regulations that apply across the country. Local business realities in Higüey and wider La Altagracia province add sector-specific considerations because many online transactions involve tourism, hospitality, travel activities, real estate services, and retail serving both residents and international visitors. Businesses that sell online, operate marketplaces, provide digital services, or process personal data need to align their practices with Dominican rules on electronic contracts and signatures, consumer protection, privacy and data security, advertising, taxation, intellectual property, and cybercrime prevention. Courts in La Altagracia hear civil and commercial disputes, while specialized national bodies oversee telecom, data, tax, consumer rights, and cybercrime.

Electronic contracts and signatures are legally recognized, digital certificates are regulated, and consumer protection rules apply to online marketing, pricing, warranties, and complaint handling. Data protection and cybersecurity duties are increasingly relevant due to payment processing, reservation systems, loyalty programs, and cross-border services. Tax rules require proper registration, invoicing, and the application of ITBIS value added tax where applicable, including the gradual rollout of mandatory electronic invoicing. Operators should also consider intellectual property protection for brands, website content, and domain names under Dominican law.

Why You May Need a Lawyer

You may need legal help when launching an online store or marketplace to select the right legal structure, register your business, draft platform terms, and comply with electronic invoicing and taxation. Counsel can review website terms and conditions, privacy policies, cookie notices, and refund policies to ensure they meet Dominican consumer and data rules while fitting your commercial model.

Businesses handling bookings or cross-border customers often need advice on jurisdiction clauses, language and currency issues, chargebacks, and mandatory consumer disclosures. A lawyer can help you navigate advertising rules for promotions, influencer campaigns, and price displays, and confirm whether a raffle or giveaway needs prior notification to authorities.

If you collect personal data, legal counsel can design compliant data flows, vendor agreements, and security controls, and prepare breach response plans. For software and content, a lawyer can draft licensing and SaaS agreements, protect trademarks and copyrighted material, and handle takedown notices or piracy claims.

Disputes arise in areas such as domain name conflicts, counterfeit products, unauthorized use of content or brand, defamation, or unfair competition. Counsel can manage enforcement, negotiate settlements, or litigate. Cyber incidents like account takeovers, ransomware, or payment fraud may require urgent coordination with authorities and service providers. Finally, if tax or regulatory audits occur, an attorney can respond, remediate, and represent you before agencies.

Local Laws Overview

Electronic commerce and signatures: Law 126-02 on Electronic Commerce, Documents and Digital Signatures and its implementing regulation establish the legal validity of data messages, electronic records, and signatures. Qualified digital signatures backed by recognized certification services carry strong evidentiary value. Parties may also agree to use other forms of electronic signatures when appropriate for the transaction risk profile.

Consumer protection: Law 358-05 on Consumer Protection applies to online sales and services. It covers truthful advertising, clear pricing, itemization of charges, product descriptions, warranties, delivery terms, and complaint handling. It also addresses billing transparency and unfair commercial practices. The national consumer authority can mediate disputes and impose measures for non-compliance.

Personal data and privacy: Law 172-13 on Protection of Personal Data regulates the collection, processing, and transfer of personal data, recognizing habeas data rights such as access, rectification, and in some cases deletion or objection. Controllers must process data lawfully, proportionally, and securely, and are responsible for vendors that process data on their behalf. Cross-border transfers should comply with consent or other recognized grounds and adequate safeguards.

Cybercrime: Law 53-07 on High Tech Crimes criminalizes unauthorized access, interference with systems or data, fraud, identity theft, phishing, malware distribution, and similar conduct. Victims can file reports with specialized cybercrime units for investigation and prosecution.

Intellectual property: Law 20-00 on Industrial Property protects trademarks and other industrial rights, while Law 65-00 governs copyright and related rights. Online businesses should register marks with the national IP office, use proper notices, and implement policies to address user infringement complaints on their platforms.

Electronic invoicing and taxation: The tax authority has implemented electronic fiscal receipts and a phased plan toward mandatory e-invoicing under national rules including Law 32-23 and related norms. Most online sellers must register with the tax authority, obtain a tax number, issue the correct fiscal documents, and charge ITBIS where applicable. Sector-specific and withholding rules can apply. International digital service providers may be subject to local mechanisms for indirect tax collection.

Payments and AML compliance: Payment processing is subject to financial regulations and anti-money laundering requirements under Law 155-17. Businesses should perform appropriate customer and merchant due diligence consistent with their role and risk exposure.

Domains and platform operations: Country code domains under .do are administered locally, with policies for registration and dispute resolution that are conceptually similar to international practices. Platform operators should implement acceptable use policies, notice-and-takedown systems, and procedures for law enforcement requests consistent with Dominican law and user rights.

Local context in Salvaleón de Higüey: Companies in tourism and hospitality selling online reservations, excursions, and property services should pay special attention to foreign-language disclosures, currency conversions, cancellation policies, and chargeback risks. Local municipal licensing and signage rules apply to physical premises, while national laws govern the online layer.

Frequently Asked Questions

Are electronic contracts and signatures valid in the Dominican Republic?

Yes. Data messages, electronic contracts, and electronic signatures are legally recognized under Law 126-02. Digital signatures issued by recognized certification entities have a high level of legal certainty. Other forms of electronic signature can also be valid, particularly when the parties agree and the method reliably identifies the signer and indicates intent.

Do I need special registration to operate an online store in Higüey?

You must register your business with the tax authority, obtain your taxpayer identification, and comply with municipal and sector registrations that apply to your activity. There is no separate e-commerce license, but online sellers must follow consumer, data, tax, and advertising rules the same as offline businesses.

Which taxes apply to online sales?

Sales of goods and many services are subject to ITBIS and income tax. You must issue the correct fiscal documents, and if you adopt electronic invoicing you must comply with format, certification, and retention rules. Cross-border transactions can trigger special treatment, so consult a tax professional for your specific model.

What consumer disclosures are required on my website?

Provide your legal name, contact information, main terms and conditions, pricing and all charges, delivery or fulfillment timelines, refund and cancellation policies, and warranty information. Advertising must be truthful and not misleading. Keep records to substantiate claims and promotions.

How should I handle privacy and cookies?

Publish a clear privacy notice that explains what data you collect, why, legal bases, how long you keep it, who you share it with, international transfers, and user rights. If you use cookies or similar technologies, disclose this and obtain consent where required. Put contracts in place with service providers that process data for you and implement reasonable security measures.

What should my terms and conditions include?

Terms should address account eligibility, ordering, pricing and taxes, shipping or delivery, returns and refunds, service levels for digital services, acceptable use, IP ownership, license grants, limitations of liability permitted by law, dispute resolution and governing law, and contact methods for notices. For tourism and travel, add cancellation windows and no-show rules stated in plain language.

How are chargebacks and payment fraud handled?

Card network and acquirer rules govern chargebacks. Reduce risk by using clear descriptors, detailed receipts, delivery confirmation, and responsive customer service. Maintain internal fraud controls and document verification steps. For suspected criminal activity, preserve evidence and report to the appropriate cybercrime units.

Can I protect my brand and content online?

Register your trademark with the national IP office to strengthen enforcement against misuse on websites, marketplaces, and domains. Use copyright notices for original content. Establish a takedown workflow for infringing listings or posts and preserve evidence for disputes. Consider monitoring services for domain and brand misuse.

How are domain name disputes resolved under .do?

.do registrations are subject to local policies. If a domain identical or confusingly similar to your trademark has been registered in bad faith, there are procedures to challenge it that are conceptually similar to widely used international models. A lawyer can evaluate the best forum and evidence strategy.

What should I do after a data breach or cyber incident?

Activate your incident response plan, contain and investigate, preserve logs and evidence, notify affected service providers, and assess legal notification duties to authorities and users. Review contracts for security and notification clauses. Coordinate with cybercrime units if criminal activity is suspected, and plan remedial steps to prevent recurrence.

Additional Resources

National consumer protection authority Pro Consumidor provides guidance, receives complaints, and mediates consumer disputes related to online transactions.

The Dominican telecommunications regulator INDOTEL oversees aspects of electronic communications and the certification environment for digital signatures under the electronic commerce framework.

The tax authority Dirección General de Impuestos Internos manages taxpayer registration, ITBIS, and electronic invoicing rules and procedures for electronic fiscal receipts.

The national personal data protection authority oversees compliance with Law 172-13, including data subject rights and controller obligations.

Cybercrime response units include the specialized office of the Public Ministry for high tech crimes and the National Police cybercrime investigation department, which receive reports and coordinate investigations.

Oficina Nacional de la Propiedad Industrial handles trademark and other industrial property registrations relevant to brand protection online.

Oficina Nacional de Derecho de Autor addresses copyright matters, including registration and enforcement that may be implicated in online content use.

NIC.DO administers .do domain names and publishes registration and dispute policies applicable to local domain holders.

Ministerio de Industria, Comercio y Mipymes and export promotion entities offer programs and guidance for micro, small, and medium enterprises adopting e-commerce practices aligned with Dominican rules.

Dirección General de Aduanas provides information on customs procedures for cross-border shipments, imports, and exports that impact e-commerce logistics.

Next Steps

Clarify your business model and data flows. Map what you sell, where your customers are located, how you get paid, what personal data you collect, which vendors you use, and where your systems are hosted. This map drives your legal obligations and contract needs.

Engage a lawyer experienced in e-commerce and technology. Ask for help with website terms, privacy and cookie notices, consumer policies, vendor and payment contracts, IP protection, and compliance checklists for taxation and invoicing. For tourism or real estate offerings, request sector-specific clauses and disclosures.

Prepare documents for your consultation, including corporate and tax registrations, draft or current website policies, sample invoices and receipts, marketing materials, platform rules, vendor agreements, and any notices from authorities or customers. For incidents, bring logs, screenshots, and correspondence.

Implement compliance actions in phases. Prioritize high-impact items such as clear pricing and refund terms, correct tax invoicing, data security baselines, and accurate privacy notices. Then refine advertising substantiation, cross-border terms, and IP monitoring. Train your team on customer communications and complaint handling.

Set up monitoring and governance. Review your policies at least annually, track regulatory updates on e-invoicing and privacy, and test incident response. If you operate across borders, align Dominican requirements with those of your target markets.

If a dispute or investigation arises, act quickly. Preserve evidence, avoid public admissions without counsel, and coordinate responses to authorities and platforms. Your lawyer can help you assess settlement or litigation options and engage technical experts where needed.

This guide is informational and not legal advice. For tailored guidance on e-commerce and Internet Law in Salvaleón de Higüey, consult a qualified Dominican attorney who understands your industry and operational footprint.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.