Could You Go to Jail for a Badly Built Ecommerce Site?
Published on · Joaquín Dati
Opening an online store looks like a design and catalog job. But an ecommerce site is also a business that receives people's data and sells to consumers, and both are regulated in Argentina.
The criminal risk, without exaggeration
Prison is not the usual penalty for a badly built store. But it exists in one specific case: article 157 bis of the Criminal Code, added by the personal data protection law (25,326), provides one month to two years in prison for anyone who illegitimately accesses a personal database, discloses information they were bound to keep secret, or illegitimately inserts data. A store that handles customer data carelessly can end up near that zone.
What the law requires
- Prior information: the Consumer Protection Law (24,240) requires disclosing, before purchase, payment methods, offer conditions, warranty, product characteristics, the right of withdrawal and the privacy policy.
- Withdrawal button: it must be prominently placed, usable without registering, and the seller must provide a withdrawal code within 24 hours.
- Personal data: law 25,326 regulates how data is collected, used and protected. The enforcement authority (AAIP) classifies infractions as minor, serious and very serious and can issue warnings and fines.
Consumer penalties
Law 24,240 provides warnings, fines, seizure of goods, closure and suspension from government supplier registries. Amounts are updated over time, so check current figures before deciding anything.
How to avoid trouble
Clear terms and conditions, a real privacy policy, a visible withdrawal button and careful data handling from the design stage. This article is informational and does not replace legal advice.
An invitation
Reviewing a store against this list takes an afternoon. Fixing a legal problem later takes much longer.
Source of inspiration: Marval on new e-commerce rules in Argentina