Perfecting electronic consent in the e-Commerce B2C contracts in Colombia

Perfección del consentimiento electrónico en los contratos e-commerce B2C en Colombia

Due to the rise in the use of information technologies in almost every dimension of today’s life, trade relations have undergone important changes, Technological and scientific dynamics have been redefining the traditional ways of doing business: the dematerialization of what used to be necessarily tangible has generated consequences in the geographical barriers to delivery of products and provision of services. This paper aims to perform a legal analysis of the regulations applicable to contractual commercial relationships Business to Consumer (hereinafter B2C) established through digital platforms in Colombia, explaining and analyzing the legal perspective of risk in the perfection of electronic consent, in such way that achieves the identification of the different modalities of perfection in terms of consent in electronic consumer contracts at the national level. The methodology applied in this article is of a historical-logical type, by means of which a study of consent in contractual relations over time is made, and, consequently, the normative body that regulates this type of relations is reviewed. This study concludes that the progress in the use of technological and electronic tools in consumer contracts has generated serious risks that affect the consent of the consumer. However, and although there is still a lack of regulation in this regard, the consumer protection law provides tools that seek to protect the guarantees of consumers.