Problemas de la regulación actual en materia de comercio electrónico, armonización y firmas digitales

Abstract

E-commerce has been growing since the late 1990’s up until today, which have caused states and regulatory bodies to create a myriad of attempts to determine, legislate and regulate such activity. With all the effort it carries they have fell short at harmonizing those attempts. The different legal families from which they belong and the different focuses at the moment of actually create a regulation have caused several interpretations of the same subject. Such interpretations vary from how to define to a digital signature to how should it be the approach when regulating electronic commerce. The following text shows some interesting topics referent to the lack of harmonization in e-commerce law as well as the flaws it has in the matters of security and certification. These last two topics being the main subjects which the different regulatory bodies have failed to agree on a consensus. It also mentions the Colombian case and its particular form of legislate digital signatures and certifications as well as mentioning several documents which have been created in order to regulate the subject.