Law on Electronic Commerce

This Law regulates all types of information in the form of a data message, used in the context of commercial activities, with the exception of obligations assumed by the State by virtue of international conventions or treaties and without prejudice to the provisions of other regulations that have as their purpose the protection of public health and safety, including the safeguard of national defense, consumer interests, the tax regime, and complements the regulatory framework for competition defense.

In the interpretation of this Law, its international origin, the need to promote uniformity of its application, and the observance of good faith must be taken into account. Questions relating to matters set forth in this Law that are not expressly resolved must be settled in accordance with the general principles on which it is based.

Unless otherwise provided, in the relations between the parties that generate, send, receive, file, or process in any other form data messages, the provisions of Chapter IV "ON COMMUNICATION OF DATA MESSAGES OF THIS TITLE", may be modified by agreement of the parties. CHAPTER II ON ELECTRONIC COMMERCE IN GENERAL

For the purposes of this Law, the following terms are understood to mean:

• 1)

  Data Message: Information generated, sent, received, archived, or communicated by electronic, optical, or similar means, such as, among others, Electronic Data Interchange (EDI), electronic mail, and any other consisting of the transmission of signals through electronic communication networks.

• 2)

  Commercial Activity: Covers issues arising from any relationship of a commercial nature, whether or not contractual, structured on the basis of the use of one or more data messages or any other similar means. Commercial relationships include, but are not limited to: Any commercial transaction of supply or exchange of goods or services; any distribution agreement; any agency or commercial mandate operation; acquisition of credits with advances or invoices for lease of equipment with purchase option, construction of works; consulting, engineering, connection of investment licenses, financing; banking, joint venture, and other forms of industrial or commercial cooperation, transport of goods or passengers by air, land, or sea.

• 3)

  Electronic Data Interchange (EDI): Electronic transmission of information from one computer to another, with the information structured in accordance with some agreed technical standard for this purpose.

• 4)

  Originator of a Data Message: Any person who, on the basis of the message, has acted on his own account or in whose name the message was acted upon to send or generate that message before being archived, if that is the case, but who has not acted as an intermediary with respect to it.

• 5)

  Recipient of a Data Message: The person designated by the originator to receive the message, but who is not acting as an intermediary with respect to it.

• 6)

  Intermediary in Relation to a Certain Data Message: Any person who, acting on behalf of another, sends, receives, or archives that message or provides any other service with respect to it; and,

• 7)

  Information System: Any system used to generate, send, receive, archive, or process in any other form Data Messages. CHAPTER III APPLICATION OF LEGAL REQUIREMENTS TO DATA MESSAGES

Legal effects, validity, or evidential weight are recognized for information sent in the form of a Data Message, as well as for information contained in the data message in the form of a reference. Data Messages are subject to the constitutional and legal provisions that guarantee the right to privacy of communications and access to personal information.

When the Law requires that information be in writing, that requirement may be satisfied by a Data Message if the information contained in it is accessible for later consultation. The provision of the preceding paragraph is applicable both if the requirement provided for in the Law constitutes an obligation and if it simply provides consequences in the case where the information is not in writing.

When the Law requires the signature of a person, that requirement may be satisfied in relation to a data message: 1) If a method is used to identify that person and to indicate that that person approves the information contained in the data message; and, 2) If that method is reliable, as appropriate for the purposes for which the Data Message was generated or communicated, in light of all the circumstances of the case, including any relevant agreement. The provision of this Article is applicable both if the requirement provided for in it is expressed in the form of an obligation and if it simply provides consequences in the case where there is no signature.

When the Law requires that information be presented and retained in its original form, that requirement may be satisfied by a Data Message if: 1) There is some reliable guarantee that the integrity of the information has been preserved from the moment it was first generated in its final form, as a Data Message or in some other form, and, 2) If the information is required to be presented, if such information can be shown to the person to whom it is to be presented. The provision of this Article is applicable both if the requirement provided for in the Law is expressed in the form of an obligation and if it simply provides consequences in the case where the information is not presented or retained in its original form.

The integrity of the information must be evaluated in accordance with the criterion that it has remained complete and unaltered, except for the addition of any endorsement or any change that is inherent to the process of its communication, filing, or presentation. The degree of reliability required is determined in light of the purposes for which the information was generated and of all the circumstances of the case.

Data messages are admissible as means of proof and have the same evidential weight that the legal system attributes to any other written evidentiary means. In all administrative or judicial proceedings, information presented in the form of a Data Message is effective, valid, and has evidential weight, and it is not permissible to invoke its inadmissibility solely on the ground that it was not presented in its original form. When assessing the evidential weight of a Data Message, the reliability of the manner in which the message was generated, archived, or communicated must be taken into account, as well as the reliability of the manner in which the integrity of the information has been preserved.

When the Law requires that certain documents, records, or information be preserved, that requirement is satisfied, provided that the following conditions are met:

• 1)

  That the information contained therein is accessible for later consultation;

• 2)

  That the Data Message be preserved in the format in which it was generated, sent, or received or in some format that is demonstrable to reproduce with accuracy the information generated, sent, or received; and,

• 3)

  That any data or information be preserved that permits determination of the origin and destination of the message and the date and time when it was sent or received. The obligation to preserve certain documents, records, or information referred to in this Article does not apply to those data whose sole purpose is to facilitate the sending or receipt of the message. The books and papers of the merchant may be preserved in any technical medium, provided that they guarantee its integrity and exact reproduction and for the term required by Law; for this purpose, the services of a third party may be used.

In the formation of a contract, unless agreed otherwise, the offer and its acceptance must be expressed by means of a Data Message. The validity and evidential weight of a contract in whose formation one or more data messages have been used are recognized.

In the relations between the originator and the recipient of a data message, legal effects, validity, or binding force are recognized for any manifestation of will or other declaration expressed in the form of a Data Message.

A Data Message is to be understood to originate from the originator if it has been sent by:

• 1)

  The originator himself;

• 2)

  By any person authorized to act on behalf of the originator with respect to that message; or,

• 3)

  By an information system programmed by the originator or on his behalf to operate automatically

In the relations between the originator and the recipient, the recipient has the right to consider that a Data Message originates from the originator and to act accordingly when: 1) It has properly applied a procedure previously accepted by the originator for that purpose; or, 2) The Data Message received by the recipient results from the acts of a person whose relationship with the originator or with any mandatary of the originator has given it access to some method used by the originator to identify a data message as its own. This provision does not apply when: 1) The recipient has been informed by the originator that the data message did not originate from him and has arranged a reasonable period to act accordingly; and, 2) From the moment when the recipient knows or should know, having acted with due diligence or having applied some agreed method, that the Data Message did not originate from the originator.

CONFORMITY BETWEEN DATA MESSAGES. Whenever a Data Message originates from the originator or is understood to originate from the originator, provided that the addressee has the right to act in accordance with this assumption, in the relations between the originator and the addressee, the addressee has the right to consider that the Data Message conforms to the Data Message which the originator intended to send and may act accordingly. The addressee does not enjoy this right if the addressee knew or should have known, had the addressee exercised due diligence or applied any agreed method, that the transmission had resulted in an error in the received data message.

DUPLICATE DATA MESSAGE. The addressee has the right to consider that each Data Message received is a different Data Message and to act accordingly, except to the extent that the Data Message duplicates another Data Message and the addressee knows, or should know, had the addressee exercised due diligence or applied any agreed method, that the transmission had resulted in an error in the received data message. When the originator receives an acknowledgment of receipt from the addressee, it shall be presumed that the addressee has received the corresponding Data Message. This presumption does not imply that the Data Message conforms to the message received. When the originator has not indicated that the effects of the data message are conditional upon receipt of an acknowledgment of receipt, if the originator has not received an acknowledgment within the time period fixed or agreed upon, or if no time period has been fixed or agreed upon, within a reasonable time period, the originator may:

ACKNOWLEDGMENT OF RECEIPT. When, upon sending or before sending a Data Message, the originator requests or agrees with the addressee that the addressee acknowledge receipt of the Data Message, receipt may be acknowledged immediately by: 1) Any communication from the addressee, whether automated or not; or, 2) Any action by the addressee that is sufficient to indicate to the originator that the data message has been received. When the originator has indicated that the effects of the data message are expressly conditional upon receipt of an acknowledgment of receipt, the Data Message shall be deemed not to have been sent so long as the acknowledgment of receipt has not been received. When the originator has not indicated that the effects of the data message are conditional upon receipt of an acknowledgment of receipt, if the originator has not received an acknowledgment within the time period fixed or agreed upon, or if no time period has been fixed or agreed upon, within a reasonable time period, the originator may:

TIME OF SENDING AND RECEIPT. Unless otherwise agreed between the originator and the addressee, a Data Message shall be deemed sent when it enters an information system that is not under the control of the originator or of the person who sent the Data Message on behalf of the originator. Unless otherwise agreed between the originator and the addressee, the time of receipt of a Data Message shall be determined when receipt occurs in the designated system, or when no information system has been designated, receipt takes place when the Data Message enters the addressee's system.

PLACE OF SENDING AND RECEIPT. Unless otherwise agreed between the originator and the addressee, a Data Message shall be deemed sent at the place where the originator has its place of business and received at the place where the addressee has its place of business. If the originator or the addressee has more than one place of business, this shall be the one that bears the closest relationship to the underlying transaction or ancillary transaction, and if none exists, the principal place of business. If the originator or the addressee does not have a place of business, the place of residence shall be considered as such. TITLE II ELECTRONIC COMMERCE IN SPECIAL MATTERS CHAPTER I CARRIAGE OF GOODS

ACTS RELATED TO CONTRACTS FOR CARRIAGE OF GOODS. Without prejudice to the provisions of Title One of this Law, this Chapter shall apply to any of the following acts that are related to a contract for carriage of goods or its performance, without the list being exhaustive, as follows:

• 1)

  Indication of the marks, number, quantity, or weight of the goods; declaration of the nature or value of the goods; issuance of a receipt for the goods; confirmation that the loading of the goods has been completed;

• 2)

  Notification to any person of the clauses and conditions of the contract that involves communication of instructions to the carrier;

• 3)

  Claiming delivery of the goods, which includes authorization to proceed with delivery and notification of loss of goods or damage suffered;

• 4)

  Any other notification or declaration relating to the performance of the contract;

• 5)

  Promise to deliver the goods to the designated person or to a person authorized to claim such delivery;

• 6)

  Granting, acquisition, waiver, restitution, transfer, or negotiation of any right over goods;

• 7)

  Acquisition or transfer of rights and obligations in accordance with the contract; and,

• 8)

  Any other matter with analogous regulations.

DOCUMENTS OF CARRIAGE. When claiming delivery of goods is carried out in writing by means of a document in paper form, this requirement is equally satisfied when it is carried out by one or more Data Messages. This provision shall apply both if the requirement provided therein is expressed as an obligation and if the Law simply provides for consequences in the event that the act is not carried out in writing or by means of a document.

GRANTING OF RIGHTS. When a right is granted to a determined person and to no other person, or that person acquires an obligation, and the Law requires that, in order for such act to have effect, the right or obligation be transferred to that person by means of sending or using a document, this requirement shall be satisfied if the right or obligation is transferred by means of using one or more Data Messages, provided that a reliable method is employed to ensure the uniqueness of that Data Message.

LEVEL OF RELIABILITY. In the case of the granting or obligation referred to in the preceding Article, the level of reliability required shall be determined in light of the purposes for which the right or obligation was transferred and of all the circumstances of the case, including any relevant agreement.

PREEMINENCE OF CONSUMER PROTECTION LAWS. This Law shall apply to the rules in force regarding consumer protection.

EFFECTIVE DATE. This Law shall take effect twenty (20) days after its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-fourth day of the month of January of two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY TO THE EXECUTIVE POWER. THEREFORE: LET IT BE EXECUTED: TEGUCIGALPA, M.D.C., 02 March 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. RIGOBERTO CHANG CASTILLO Secretariat of Human Rights, Justice, Governance and Decentralization AGREEMENT No. 149-2015 Tegucigalpa, M.D.C., 10 February 2015. WHEREAS: In the Republic of Honduras, on the nineteenth day of November of two thousand fourteen, General Elections were held to elect the President of the Republic, Deputies to the National Congress, and Members of the Municipal Corporations. WHEREAS: In accordance with the results of the general elections held, citizen MARLENY ALEJANDRA FUNEZ AGUILERA was elected, with Identity Number 0610-1971-00019, as Fourth Alderman of the Municipal Corporation of the municipality of Orocuna, department of Choluteca. WHEREAS: The National Party of Honduras (PNH), through Mr. REINALDO ANTONIO SÁNCHEZ RIVERA, in his capacity as General Secretary of the Central Committee of the National Party of Honduras (CCPNH), states that the President of the Departmental Committee of Orocuna, in accordance with a request before this Secretariat of State by means of request V-28012015-49 dated twenty-eighth of January of two thousand fifteen, to appoint Citizen SELVIN DANILO OYUELA ALVAREZ, with Identity No. 0714-1973-00156, as Fourth Alderman of the Municipal Corporation of the municipality of Orocuna, department of Choluteca, in substitution of citizen MARLENY ALEJANDRA FUNEZ AGUILERA, who died on Saturday, November 15, 2014, which is evidenced in the Death Certificate that appears in folio number six (6) in the case file. WHEREAS: Mr. Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization, by means of Ministerial Agreement No. 423-2014 dated 14 February 2014, delegated to citizen KARLA EUGENIA CUEVA AGUILAR, Under-Secretary of State in the Office of Human Rights and Justice, the power to resolve matters known in single instance and the administrative remedies by means of which his own acts or those of his hierarchical inferiors are challenged in the corresponding instance. THEREFORE: THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION, using the powers vested in him and applying Article One, subsection b) of Executive Decree 002-2002 dated 28 January 2002, by which the President of the Republic delegates competence to the Secretary of State of the corresponding Office, for the issuance of this administrative act in accordance with Articles 4 and 5 of the General Administrative Procedure Law and Article 16 of the General Law for the Defense of Competition.