Legal Framework for e-Development: Best Practices and Lessons Learned LAC REGION December 14, 2004

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Legal Framework for e-DevelopmentBest
Practices and Lessons LearnedLAC REGION
December 14, 2004
Matias Bendersky mbendersky_at_it-regs.com
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• Introductory Statistics.

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Regional Technology Statistics

• Contrast between the highest and the lowest
  levels of Internet penetration rate (Chile with
  23.1 penetration vs. Haiti with 0.2 Dominican
  Republic with 3.5).
• Contrast in ICT spending (Colombia with 7.0 of
  GDP devoted to ICT spending and Mexico with
  3.5)

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• Country Case Contrast
• Digital Agendas
• in Their Legal Context.

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Chiles Experience

• Detailed Digital Agenda Year 2004/6
• Universal Access
• Digital Education
• Online Government
• Private Sector Development
• ICT industry
• Legal Framework

• Coordinated Efforts since 1999
• Cyber crime regulated Early law (1993)
• IPRs Internet treaties WIPO (1996)
• Data Protection (1999)
• E- Signature/e-Commerce (2002)

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Dominican RepublicExperience

• Some isolated efforts for specific e-laws
• Role of INDOTEL Telecom Regulatory Framework
• I.e.e-Commerce/ Digital Signature Law (2002)
• Authentication policies and rules(PKI)

• Connectivity Agenda Year 2005-2008
• Following the Colombian Agenda Model. Strategic
  goals include
• Modernization of State
• Support Democratic Security
• and Governance
• Improve productivity
• Universal Access
• Support Education
• No specification re legal framework

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Dominican RepublicBasic Principle

• Dominican Republic
• Connectivity Agenda 2005-2008
• Colombias priorities and presidential agenda
  maybe different
• (I.e. Safety, Money laundering, remittances,
  and E-gov Procurement)

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E-Legislation current trends.
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e-Commerce Legal Framework
e-Signature/ e-Commerce Privacy Cyber-crime Consumer Protection
Brazil Yes No No No
Chile Yes Yes Yes No
Dom. Rep Yes No No No
Argentina Yes Yes No No
El Salvador No No No No

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Legal Framework for e-Development

• Institutional e-Government Framework
• Structure, priorities, articulated efforts
• Focused regulation is divided in two
  sub-categories
• (1) Initiative-Specific regulations to grant
  certainty and validity to e-government
  initiatives and
• (2) Basic e-regulations (or e-legislation) which
  serve government as well as other business needs.

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Current Trend

• Due to slow congressional (and sometimes
  executive) approval, the legislation/regulation
  focus and interest in Latin America has changed.

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Brazil and Chile Respond

• Brazil
• e-Gov. Procurement Portal
• Number of acquisitions by using (Reverse bidding)
  Pregão eletrônico may achieve more than 40 of
  the total for competitive bidding, approx. 1.6
  Billion per year.
• Chile
• e-Invoicing
• System that validates and encourages companies to
  submit biz/tax invoices through a simple
  electronic document exchange for e-stamping
• Special treatment for companies that comply with
  the system includes late fee removal o fee
  reduction.

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Lessons

• Do e-Commerce/Digital Signature laws promote
  e-Business?
• Digital signature/e-commerce laws are not the
  only solution
• Concentrate in the country needs for specific
  e-Legislation / e-Regulations.

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Lessons

• There has to be a strategy behind
• Balance between laws/regulations and subjects to
  be regulated
• Keep an eye on interoperability (technical
  standards, IPRs, Data privacy, etc.)

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Legal Framework for e-Development - LAC

THANK YOU! Matias
Bendersky Mbendersky_at_it-regs.com