reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 307 - Operation of Recreational Inflatables (§§ 4021 — 4023) › § 4021e - Insurance

Every owner or person engaged in the business of renting inflatable amusement rides or chambers shall be bound to obtain public liability insurance, including personal injury and property damage coverage resulting from operating inflatable amusement rides or chambers. The Puerto Rico Fire Marshal is hereby directed to establish through regulations the requirements to be met by the public liability policy.
History —Apr. 17, 2003, No. 111, added as § 7 on Aug. 13, 2008, No. 251, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 307 - Operation of Recreational Inflatables (§§ 4021 — 4023) › § 4022 - Regulations

The Fire Marshal shall promulgate regulations for this commercial activity, within one hundred eighty (180) days from the effective date of this act, considering among other things, the safety bulletins issued by the U.S. Consumer Product Safety Commission.
Said regulations shall provide for the adoption of safety measures for the operation of inflatables and shall include, without being limited to the following aspects, parameters and specifications:
(1) The inflatables’ adequate mooring to the surface; the resistance and tension of ropes or cables and of the pegs or bolts used for it, the depth to which they must be buried and the wind speed that said anchorage should resist.
(2) The adequacy of the mass or weight of the material that constitutes the inflatable part (ballast), for purposes of creating and maintaining the stability of the same.
(3) Parameters of wind speed or other atmospheric or weather conditions, within which the inflatable can be operated.
(4) Manufacturer’s recommendation for the inflation and operation of the inflatable.
(5) Number of operators required for the type of inflatable.
(6) Operators must be at least eighteen (18) years of age.
(7) Teaching or training of operators with regard to safety measures and operating handbooks of the inflatable.
(8) Maximum weight of a user, aggregate weight, ages and maximum number of simultaneous users permitted.
(9) Require safety norms or regulations for the use of the same to be posted at the entrance of the inflatable.
(10) Require the notification to the Firefighters Corps of each accident that occurs.
(11) Establish and require public liability insurance policies with adequate liability coverage limits. Establish the mechanisms to detect whenever an owner or operator fails to pay his/her insurance policy.
(12) To establish and impose administrative fines and sanctions.
(13) To establish an inspection system to evaluate compliance, and impose fines or sanctions.
(14) Establish as requirement prior to the renewal of licenses, as provided in § 4021b of this title, that any person engaged in the business of renting or operating inflatable amusement rides or chambers shall present attesting evidence of having complied during the year preceding the renewal with all the provisions established in this chapter and its regulations.
(15) Among others.
History —Apr. 17, 2003, No. 111, § 3; Feb. 6, 2004, No. 57, § 3; renumbered as § 8 and amended on Aug. 13, 2008, No. 251, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 307 - Operation of Recreational Inflatables (§§ 4021 — 4023) › § 4023 - Prohibition

No person may engage in the business of renting or operating recreational inflatables (“inflatable amusement rides or chambers”) unless he/she is duly registered and licensed by the Firefighters Corps, has posted a bond, and meets all the requirements established by the Firefighters Corps through the Regulations referred to in this chapter.
History —Apr. 17, 2003, No. 111, § 4; Feb. 6, 2004, No. 57, § 4; renumbered as § 9 on Aug. 13, 2008, No. 251, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4031 - Definitions

(1) Consumer. — Any natural person to whom a good or service is offered by means of telemarketing, and who acquires the same as final recipient, authorizing the payment for such good or service by means of direct discount from a checking or savings account, or a credit card.
(2) Express and verifiable authorization. — An authorization written by the consumer, which includes the signature of the consumer, authorizing a telephone solicitor to obtain a payment from a checking or savings account, or credit card.
(3) Goods or services. — Any tangible or intangible good, or any type of service offered to a person.
(4) Prize promotion. — Any type of game of chance or any oral or written representation stating that a specific person has won, been selected, or is eligible to receive a specific prize.
(5) Salesperson. — Any person who, by means of a telephone transaction, solicits funds or contributions, provides, offers or coordinates for others the providing of goods or services to a consumer in exchange for some type of remuneration.
(6) Telemarketing. — A plan, program or campaign conducted to introduce the purchase of goods and services by means of one or more telephones, and that involves more than one telephone call.
(7) Telephone solicitor. — Any person, business or company that, by means of telemarketing, initiates or receives telephone calls, or a call from a specific consumer, in which one of the parties is located in the Commonwealth of Puerto Rico.
History —Aug. 28, 2003, No. 210, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4032 - Prohibited practices

The following shall be considered to be prohibited or deceitful practices by any salesperson or telephone solicitor:
(1) Failure to state at the beginning of the call and prior to requiring any payment:
(a) The true purpose of the telephone call.
(b) The real name of the company or entity initiating the telephone call.
(c) The goods or services being offered.
(2) Failure to communicate clearly and in detail the following information:
(a) The total cost for the consumer of the sale of the goods to be received.
(b) Any restriction, limitation or condition on the purchase or use of the goods subject of the sale.
(c) Any term or condition on the cancellation, return or exchange policy of the seller.
(d) Any cost or condition related to the granting of prizes, including the probabilities of winning the prize, and the nature and value of the prize.
(e) The exact amount of any offer.
(3) Failure to correctly inform [sic] the quality and basic characteristics of the goods or services being offered.
(4) Falsely announcing that the product or company in question has the endorsement of any government entity or agency.
(5) Requiring or submitting any charge to the bank account or credit card of a consumer without being authorized to do so by the consumer.
History —Aug. 28, 2003, No. 210, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4033 - Abusive or prohibited practices

It shall be considered abusive and prohibited practice in telemarketing when any salesperson or telephone solicitor incurs in the following behaviors:
(1) Threatens or intimidates the consumer, as well as the using [of] obscene and profane language.
(2) Solicits any type of incentive for removing negative information from the credit history of a specific person.
(3) Causes the telephone to ring more than five times on a call whose intention is telephone solicitation.
(4) Initiates a telephone solicitation with a person when it has been reiterated previously that telephone solicitation calls from that specific salesperson are not wanted.
(5) Makes a telephone solicitation call to a residence at any time that is not within 9:00 a.m. and 9:00 p.m., local time of the location of the person being called.
History —Aug. 28, 2003, No. 210, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4034 - Registry policy—Generally

All telephone solicitors shall maintain an exact registry of all telemarketing activities performed that are geared to consumers in the Commonwealth of Puerto Rico. Said registries shall be accessible to the Department of Consumer Affairs (DACO, in Spanish). Said registries shall be kept for a period of five (5) years from the beginning of any telephone call made to or received in the Commonwealth of Puerto Rico. Said registries shall include, as a minimum, the following information:
(a) The location of any telephone solicitor and the exact address of the different locations from which the calls originate.
(b) Copies of the script or presentation of a specific product, which the salesperson must use during the telephone call to sell same.
(c) Copies of all written authorizations of telemarketing transactions provided by the consumers.
(d) The complete name and address of all the persons who have expressed that they do not wish to receive telephone solicitations and the date on which they made such notification.
(e) Copy of the cancellation, reimbursement or return policy for any good or product offered by the telephone solicitor.
(f) Materials that justify any claim regarding the performance, efficiency, nature or features of the goods or services subject of a telephone solicitation.
(g) Any written consent for the use of the names of persons or organizations that endorse the product to be sold.
History —Aug. 28, 2003, No. 210, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4035 - Registry policy—Exemptions

The registry policy requirements shall not apply to the following:
(a) A person making telephone calls to the home of a citizen with the sole purpose of conducting a survey or to request the expression of ideas and opinions, or for political or religious reasons.
(b) A securities broker or investment consultant who is duly registered in the Commonwealth of Puerto Rico as a securities broker, provided the purpose of the call is to sell this type of securities.
(c) A financial institution authorized to accept deposits which are insured by the Federal Deposit Insurance Corporation or the Shares and Deposits Insurance Corporation for Cooperative Savings and Credit Unions (PROSAD, in Spanish), in the case of cooperative savings and credit unions located in the Commonwealth of Puerto Rico.
(d) An insurance company or other organization authorized to do business in the Commonwealth of Puerto Rico by the Insurance Commissioner.
(e) A college or university institution, duly approved by the Council on Higher Education of the Commonwealth of Puerto Rico and the United States Department of Education.
(f) Person or entity that publishes a catalogue with a minimum of 15 pages three times per year, and with a minimum circulation of at least 100,000 catalogues, clearly stating prices, shipping and handling costs, and other charges.
(g) An instrumentality of the Government of the United States, any state, or the Commonwealth of Puerto Rico itself.
(h) A duly licensed real estate broker, when the telephone call is only to exercise the duties for which same is duly licensed.
(i) Any travel agency that is duly registered in the Department of State of the Commonwealth of Puerto Rico when the purpose of the call is to sell travel offers.
History —Aug. 28, 2003, No. 210, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4035a - Notice

Any person or entity that using a telemarketing method offers free goods or services on a trial basis shall send the consumer a notice or receipt containing the terms and conditions of the trial period, the costs or charges to be collected after the end of the trial period, and the end date thereof. The notice or receipt shall contain the address and telephone number the consumer shall contact to notify that he no longer wishes to receive the goods or services once the trial period has ended.
Failure to reply to the notice or receipt sent by the goods and services provider shall not be construed as an acceptance by the consumer to receive or enjoy the product once the trial period has ended.
The Department of Consumer Affairs shall prescribe by regulations all that pertains to the form and content of the notice referred to in section.
History —Aug. 28, 2003, No. 210, added as § 8 on Sept. 13, 2012, No. 223, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4036 - Annulment of agreements

Any contract or agreement made as a result of a telemarketing agreement that violates any section of this chapter may be annulled by the consumer at any time without the imposition of any type of debt, nor affecting the consumer’s credit history.
History —Aug. 28, 2003, No. 210, § 8; renumbered as § 9 on Sept. 13, 2012, No. 223, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4037 - Penalties

Any business or company, salesperson or telephone solicitor who violates this chapter shall incur in a misdemeanor, and if convicted, shall be imposed a fine of not less than five hundred dollars ($500), nor more than five thousand dollars ($5,000), and/or a jail term of not more than six (6) months, as established by the court deems fit.
The Department of Consumer Affairs (DACO) shall be empowered to set forth the regulations to enforce this chapter and to oversee compliance with this chapter by the persons, companies or businesses regulated by this chapter.
History —Aug. 28, 2003, No. 210, § 9; renumbered as § 10 on Sept. 13, 2012, No. 223, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 308 - Telemarketing Fraud Prevention Act (§§ 4031 — 4038) › § 4038 - Penalties—Administrative

Any violation to the provisions of this chapter shall be punishable by the imposition of an administrative fine of up to a maximum of ten thousand dollars ($10,000) for each violation. The power to impose such fines shall be upon the Department of Consumer Affairs, pursuant to the provisions of § 341q of Title 3, part of the Organic Act of the Department of Consumer Affairs.
To ensure implementation of this chapter, the monies collected for such fines shall be deposited in the funds of the Department of Consumer Affairs, for which a special account shall be created for such purposes in the Department of the Treasury.
History —Aug. 28, 2003, No. 210, § 10; renumbered as § 11 on Sept. 13, 2012, No. 223, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 309 - Preservation of Warranty Documents and Purchase Receipts (§§ 4041 — 4045) › § 4041 - Definitions

The following terms, as used in this chapter, shall have the meaning stated hereinbelow:
(a) Department. — Shall mean the Department of Consumer Affairs.
(b) Establishment. — Shall mean any structure, building, location, warehouse, lot or similar place in which any type of operation involving the sale, retailing or distribution of goods and services to consumers is conducted.
(c) Warranty. — Shall mean the document issued by an establishment to affirm the suitability and quality of the goods sold or of the services rendered to consumers, and where there is a commitment of the establishment and/or the manufacturer of the product to reimburse, repair, substitute or offer any other adequate remedy to correct any faults, defects or deficiencies identified in those goods or services within a specific term.
(d) Purchase receipt. — Shall mean the written document or receipt stating the date, time and place, the acquired good and/or the type of service rendered, and the amount paid by the consumer to an establishment for certain goods or services.
History —May 16, 2006, No. 95, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 309 - Preservation of Warranty Documents and Purchase Receipts (§§ 4041 — 4045) › § 4042 - Purchase receipt—Obligation

Every establishment operating in Puerto Rico must issue to all consumers who acquire goods or services therein a purchase receipt, the lettering of which shall be printed or written with lasting materials, namely permanent ink and paper, to guarantee the preservation of the information printed thereon for a term of more than one (1) year or for the term of the warranty of the acquired good and/or service rendered, whichever is the longest.
History —May 16, 2006, No. 95, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 309 - Preservation of Warranty Documents and Purchase Receipts (§§ 4041 — 4045) › § 4043 - Purchase receipt—Requirements

When an establishment operating in Puerto Rico issues a written warranty for the goods sold or the services rendered, said document shall be printed or written using lasting materials, namely permanent ink and paper, to guarantee the preservation of the information printed thereon for a term of more than one (1) year or for the term of the warranty of the acquired good and/or service rendered, whichever is the longest.
History —May 16, 2006, No. 95, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 309 - Preservation of Warranty Documents and Purchase Receipts (§§ 4041 — 4045) › § 4044 - Compliance

(a) Every establishment operating in Puerto Rico must comply with the provisions of this chapter and in the regulations approved thereunder, after a term of one hundred eighty (180) days, as of the date on which the regulations take effect.
(b) The Secretary of the Department of Consumer Affairs shall oversee compliance with the provisions set forth in this chapter and the regulations approved thereunder, and shall give orientations on the provisions of this chapter to the administrators or persons in charge of the establishments.
History —May 16, 2006, No. 95, §§ 6, 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 309 - Preservation of Warranty Documents and Purchase Receipts (§§ 4041 — 4045) › § 4045 - Administrative fine

The Secretary of the Department of Consumer Affairs may impose on any natural or juridical person, who violates the provisions of this chapter, an administrative fine of not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) for each violation.
History —May 16, 2006, No. 95, § 8.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4051 - Definitions

For the purposes of this chapter:
(a) Personal information file. — Refers to a file containing at least the name or first initial and the surname of a person, together with any of the following data so that an association may be established between certain information with another and in which the information is legible enough so that in order to access it there is no need to use a special cryptographic code.
(1) Social security number.
(2) Driver’s license number, voter’s identification or other official identification.
(3) Bank or financial account numbers of any type with or without passwords or access code that may have been assigned.
(4) Names of users and passwords or access codes to public or private information systems.
(5) Medical information protected by the HIPAA.
(6) Tax information.
(7) Work-related evaluations.
Neither the mailing nor the residential address is included in the protected information or information that is a public document and that is available to the citizens in general.
(b) Department. — Refers to the Department of Consumer Affairs.
(c) Violation of the security system. — Means any situation in which it is detected that access has been permitted to unauthorized persons or entities to the data files so that the security, confidentiality or integrity of the information in the data bank has been compromised; or when normally authorized persons or entities have had access and it is known or there is reasonable suspicion that they have violated the professional confidentiality or obtained authorization under false representation with the intention of making illegal use of the information. This includes both access to the data banks through the system and physical access to the recording media that contain the same and any removal or undue retrieval of said recordings.
(d) Entity. — Means every agency, board, body, examining board, corporation, public corporation, committee, independent office, division, administration, bureau, department, authority, official, instrumentality or administrative organism of the three branches of the Government; every corporation, partnership, association, private company or organization authorized to do business or operate in the Commonwealth of Puerto Rico; as well as every public or private educational institution, regardless of the level of education offered by it.
(e) Citizen’s Advocate. — Refers to the Citizen’s Advocate Office.
History —Sept. 7, 2005, No. 111, § 2; June 19, 2008, No. 97, § 1.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4052 - Notification

Any entity that is the owner or custodian of a database that includes personal information of citizens residents of Puerto Rico must notify said citizens of any breach of the security of the system when the database whose security has been breached contains, in whole or in part, personal information files and the same are not protected by an encrypted code but only by a password.
Any entity that as part of their operations resells or provides access to digital data banks that at the same time contain personal information files of citizens must notify the proprietor, custodian or holder of said information of any violation of the system’s security that has allowed access to those files to unauthorized persons.
Clients must be notified as expeditiously as possible, taking into consideration the need of law enforcement agencies to secure possible crime scenes and evidence as well as the application of measures needed to restore the system’s security. Within a non-extendable term of ten (10) days after the violation of the system’s security has been detected, the parties responsible shall inform the Department, which shall make a public announcement of the fact within twenty-four (24) hours after having received the information.
History —Sept. 7, 2005, No. 111, § 3; June 19, 2008, No. 97, § 2.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4053 - Notification—Character and method

The notice of breach of the security of the system shall be submitted in a clear and conspicuous manner and should describe the breach of the security of the system in general terms and the type of sensitive information compromised. The notification shall also include a toll free number and an Internet site for people to use in order to obtain information or assistance.
To notify the citizens the entity shall have the following options:
(1) Written direct notice to those affected by mail or by authenticated electronic means according to the Digital Signatures Act.
(2) When the cost of notifying all those potentially affected according to subsection (1) of this section or of identifying them is excessively onerous due to the number of persons affected, to the difficulty in locating all persons or to the economic situation of the enterprise or entity; or whenever the cost exceeds one hundred thousand dollars ($100,000) or the number of persons exceeds one hundred thousand [($100,000)], the entity shall issue the notice through the following two (2) steps:
(a) Prominent display of an announcement to that respect at the entities premises, on the web page of the entity, if any, and in any informative flier published and sent through mailing lists both postal and electronic, and
(b) a communication to that respect to the media informing of the situation and providing information as to how to contact the entity to allow for better follow-up. When the information is of relevance to a specific professional or commercial sector, the announcement may be made through publications or programming of greater circulation oriented towards that sector.
History —Sept. 7, 2005, No. 111, § 4; June 19, 2008, No. 97, § 3.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4054 - No conflict with institutional information and security policies

No provision of this chapter shall be interpreted as being prejudicial to those institutional information and security policies that an enterprise or entity may have in force prior to its effectiveness and whose purpose is to provide protection equal or better to the information on security herein established.
History —Sept. 7, 2005, No. 111, § 5, eff. 120 days after Sept. 7, 2005.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4054a - Notification regarding breach or irregularity in security systems

In those cases in which the breach or irregularity in the security systems of the database occurs in a government agency or public corporation, it shall be notified to the Citizen’s Advocate Office, which shall assume jurisdiction. For this purpose, the Citizen’s Advocate shall designate a Specialized Advocate who shall address these types of cases.
History —Sept. 7, 2005, No. 111, added as § 7 on June 19, 2008, No. 97, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4054b - Specialized Advocate; regulations

The Citizen’s Advocate shall create within its Office the position of Databases Security Systems Specialized Advocate of the Government of Puerto Rico and shall draft and establish bylaws for compliance with the provisions of this act within one hundred and twenty (120) days after its approval.
History —Sept. 7, 2005, No. 111, added as § 8 on June 19, 2008, No. 97, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 310 - Citizen Information on Data Banks Security Act (§§ 4051 — 4055) › § 4055 - Fines

The Secretary may impose fines of five hundred dollars ($500) up to a maximum of five thousand dollars ($5,000) for each violation of the provisions of this chapter or its regulations. The fines provided in this section do not affect the rights of the consumers to initiate actions or claims for damages before a competent court.
History —Sept. 7, 2005, No. 111, § 8, renumbered as § 10 on June 19, 2008, No. 97, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 311 - Privacy Policy Disclosure Act (§ 4065) › § 4065 - Power to investigate

The Secretary shall have all the investigative powers conferred by the Constitution of the Commonwealth of Puerto Rico; §§ 341 et seq. of Title 3, better known as the “Organic Act of the Department of Consumer Affairs”; and §§ 2101 et seq. of Title 3, better known as the “Uniform Administrative Procedures Act”, in order to ascertain that the requirements of this chapter and the regulations thereof are complied with.
History —Jan. 24, 2012, No. 39, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4083 - Prospective applicability

This chapter shall only apply to electronic documents or electronic signatures created, generated, sent, communicated or stored after the date of effectiveness of this act.
History —Aug. 8, 2006, No. 148, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4084 - Use of electronic documents and electronic signatures; variation of agreement

(a) This chapter shall not require that a certain file, document or signature be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic media.
(b) This chapter shall only apply to transactions between two or more parties, each of which has agreed to conduct transactions by electronic means. Upon determining whether the parties have agreed to conduct transactions by electronic means, the context and circumstances surrounding the transaction, including the conduct of the parties, shall be taken into consideration.
(c) Any person who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. This right shall not be waived by means of agreement.
(d) Except as provided in this chapter, the effect of any of its provisions may be varied by agreement between the parties. The presence of the phrase “unless otherwise agreed” or any phrase of a similar nature in any provision of this chapter does not imply that other provisions may not be varied by agreement between the parties.
(e) The legal consequences of any electronic documents or signatures shall be determined pursuant to this chapter and any other applicable laws.
History —Aug. 8, 2006, No. 148, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4085 - Construction

This chapter shall be construed in order:
(1) To facilitate electronic transactions consistent with any other applicable laws;
(2) to be consistent in reasonable existing practices concerning electronic transactions and with the continuous development of such practices, and
(3) to further the general purpose that with respect to electronic transactions, this chapter is uniform with those of other states that adopt this statute.
History —Aug. 8, 2006, No. 148, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4086 - Legal recognition of electronic documents, electronic signature and electronic contracts

(a) No legal effect or validity shall be denied to any electronic documents or signatures solely because they are in electronic form.
(b) No legal effect or validity shall be denied to a contract because an electronic document was used in its formation.
(c) Should any law require that a certain document be in writing, an electronic document shall meet said requirement.
(d) Should any law require a certain document to contain a signature, an electronic signature shall meet said requirement.
(e) Except as otherwise provided in this chapter, a message, document, or transaction that is associated with or attached to a valid electronic signature pursuant to applicable laws shall have the same legal effect conferred on the documents executed with handwritten signatures.
(f) None of the provisions of this chapter shall be construed so as to limit the probationary value that a message, document, or transaction without an associated or attached electronic signature could have, even if the same is never printed on paper or another medium different from that on which it was originally issued. These provisions shall neither be applied so as to exclude, restrict, or divest from its legal effect such message, document, or transaction without an associated or attached electronic signature when the applicable laws do not require either the electronic signature or the handwritten signature.
(g) The provisions of this chapter shall neither be construed so as to exclude, restrict, or divest from its legal value and effect, any message, document, or transaction in which an electronic agent intervened in its issue or transmission, insofar as the actions of such electronic agent are legally attributable to the person involved.
History —Aug. 8, 2006, No. 148, § 7; Oct. 25, 2010, No. 155, § 4.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4087 - Provisions concerning written documentation; presentation of documents

(a) If the parties have agreed to conduct a specific transaction by electronic means, and a law requires that the information provided, sent or delivered to any person be in writing, such requirement shall be met if the information is provided, sent or delivered in an electronic document that may be retained by the recipient of the information at the time of the receipt thereof. An electronic document shall not be capable of retention if the sender or the information processing system inhibits the recipient from printing or storing the electronic document.
(b) If any other law requires that a document be (i) published or displayed in a certain manner; (ii) sent, communicated or transmitted using a specific method, or (iii) that it contain information organized in a specific format, the following rules shall apply:
(1) The document shall be published or displayed as required by the law in question.
(2) Except as provided in subsection (d)(2) of this section, the document shall be sent, communicated or transmitted as required by the law in question.
(3) The document shall contain the information in the format required by the law in question.
(c) If the sender of the electronic document prevents the recipient from printing or storing the file, the electronic document shall not be binding for the recipient.
(d) The requirements of this section shall not be varied by agreement, except:
(1) To the extent that any other law requires that any specific information be provided, sent or delivered in writing, but allows the variation by agreement of said requirement between the parties, the requirement under subsection (a) of this section stating that the information shall be in electronic documents that may be retained by the recipient may also be varied by agreement of the parties, and
(2) a requirement of any other law indicating that any specific document shall be sent by regular mail, certified mail, or any other method, may be varied by agreement of the parties in the same manner as permitted by said law.
History —Aug. 8, 2006, No. 148, § 8.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4088 - Attribution and effects of electronic documents and electronic signatures

(a) An electronic document or electronic signature shall be attributable to a certain person if it exists by the act of said person. The act may be shown in any manner, including a showing of the efficacy of any security procedure used to identify the person to whom the electronic document or signature is attributable.
(b) The effect of an electronic document or signature attributable to a person under subsection (a) of this section shall be determined from the context and circumstances of its creation, execution or adoption, including an agreement between the parties, if any, in accordance with any other applicable law.
History —Aug. 8, 2006, No. 148, § 9.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4089 - Effects of changes or errors

In the case a change or error should occur in the transmission between the parties of an electronic transaction document, the procedure shall be as follows:
(1) If the parties have agreed to use any security procedure to detect changes or errors, and one of the parties followed the procedure but the other did not, and the latter party would have detected the error if it had acted according the security procedure agreed upon, the party that acted according to the procedure may extricate itself from the effects of the erroneous or altered electronic document.
(2) If an individual person commits an error in an automated transaction, and the electronic agent of the other party does not provide the opportunity to prevent or to correct said error, said person may extricate itself from the effects of the electronic document arising from the error if, at the time of learning of the error, the person:
(a) Immediately notifies the other person of the error and that he/she did not intend to be bound by the electronic document received by the other person;
(b) takes reasonable steps, including those reasonable steps provided by the other party, to return or destroy, if so instructed by the other party, any consideration arising from the erroneous electronic document, and
(c) does not use or derive any benefit from the consideration received from the other party.
(3) If the specific situation in either subsection (1) or subsection (2) of this section does not apply, the change or error shall have the effect provided in any other applicable law or in the contract between the parties, if any.
(4) Subsections (2) and (3) of this section shall not be varied by agreement between the parties.
History —Aug. 8, 2006, No. 148, § 10.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4090 - Retention of electronic documents; originals

(a) Should any law or regulation require a specific document to be retained or stored, the requirement shall be met by retaining an electronic document that:
(1) Accurately reflects the information contained in the document, and
(2) remains accessible for the term required to all persons with the right to do so under the law or regulation in question on a medium that allows the electronic document to be reproduced accurately, whether transmitted or printed, for future reference.
(b) The requirement to retain a document pursuant to subsection (a) of this section shall not apply to information whose exclusive purpose is to facilitate that the document be sent, communicated or received.
(c) A person may contract another to retain or store an electronic document, provided that he/she meets the requirements in subsection (a) of this section.
(d) Should any law require that a specific document be retained in its original state, or provide specific consequences in case such document is not presented or retained in its original state, said law shall be satisfied by an electronic document retained in accordance with subsection (a) of this section.
(e) If any law requires that any check be retained, such requirement shall be met by retaining an electronic document that contains the information on the front and back of the check, pursuant to subsection (a) of this section.
(f) A document retained in electronic document format in accordance with subsection (a) of this section shall satisfy any law that requires a person to retain a specific document for evidentiary purposes, audits or other similar purposes, unless a law approved after the date of effectiveness of this act specifically prohibits the use of electronic documents for such purposes.
(g) This section does not prohibit the establishment by any government entity of additional requirements for retaining documents, subject to the jurisdiction of such entity.
History —Aug. 8, 2006, No. 148, § 11.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4091 - Admissibility as evidence

The evidence of a document or signature cannot be excluded in any judicial or administrative proceeding solely because it is in electronic form.
History —Aug. 8, 2006, No. 148, § 12.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4093 - Automated transactions

The following rules shall apply to automated transactions:
(1) A contract may be executed by the interaction of the electronic agents of the parties, even if no specific individual is aware or reviews the actions of the electronic agents or the terms and conditions arising from the transaction.
(2) A contract may be executed by the interaction of an electronic agent and an individual, acting on his/her own behalf or in representation of another, including through are interaction in which the individual performs actions he/she is free to refuse to perform, and which the individual knows or should know will cause the electronic agent to execute the transaction.
(3) The terms of the resulting contract shall be determined in accordance with the substantive law applicable to such contract.
History —Aug. 8, 2006, No. 148, § 14.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4095a - Regulation of electronic transactions and signatures

The Office of Management and Budget shall approve regulations as necessary to evaluate the ability of agencies and/or their functions to participate in electronic transactions. Likewise, the OMB shall promulgate regulations in order to organize and coordinate with agencies the access of citizens to the services offered by the Government through electronic transactions, as well as the use of electronic signatures, while guaranteeing the security of the transactions. Furthermore, it shall draft regulations as necessary to establish eligibility criteria to offer the services to be provided by certification authorities and registration authorities.
History —Aug. 8, 2006, No. 148, added as § 17 on Oct. 25, 2010, No. 155, § 5.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4095b - Creation and conservation of electronic records

The Office of Management and Budget of Puerto Rico shall set the necessary standards to be used by each government agency for the creation and conservation of electronic records and for the conversion of paper records into electronic records.
History —Aug. 8, 2006, No. 148, added as § 18 on Oct. 25, 2010, No. 155, § 6.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4095c - Admission and distribution of electronic records by government agencies

(a) Except as otherwise provided in § 4090(f) of this title, the Office of Management and Budget shall impose the conditions or limitations under which a government agency electronic records and electronic signatures may be sent to or accepted from other persons, as well as to create, generate, communicate, store, process, use, and rely on electronic records and electronic signatures.
(b) The Office of Management and Budget, within the parameters provided in compliance with subsection (a) of this section and taking security into special consideration, may specify:
(1) The manner and format in which electronic records shall be created, generated, sent, communicated, received, and stored, as well as the systems established for such purposes;
(2) when electronic records should be signed by electronic media, the manner and format in which the electronic signature should be affixed to the electronic record and the identity of and the criteria to be met by any third party used by a person who files a document in order to facilitate a process;
(3) the proper control processes and procedures toensure the adequate preservation, disposition, integrity, security, confidentiality, and verification of electronic records, and
(4) any other required attributes for electronic records, which shall be specified for non-electronic records as pertinent or reasonably necessary under the circumstances.
(c) This chapter does not compel government agencies to use or allow the use of electronic records or electronic signatures.
History —Aug. 8, 2006, No. 148, added as § 19 on Oct. 25, 2010, No. 155, § 7.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4095d - Interoperability

The Office of Management and Budget shall set the standards for the use of electronic records or electronic signatures by agencies and promote consistency and interoperability with requirements similar to those adopted by the federal government and specialized entities recognized in other U. S. or international jurisdictions.
The Office of Management and Budget shall be required to impose stringent compliance requirements and metrics and to render semiannual reports to the Governor and the Legislative Assembly to allow for the assessment of the effectiveness of the implementation of this measure.
History —Aug. 8, 2006, No. 148, added as § 20 on Oct. 25, 2010, No. 155, § 8.
2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 3 - Business Regulations Generally (§§ 2001-2016 — 4196) › Chapter 312 - Electronic Transactions Act (§§ 4081 — 4096) › § 4095e - The Judicial Branch and the Legislative Assembly

The Legislative Assembly and the Judicial Branch shall adopt provisions as each may deem appropriate and convenient to coordinate and render effective the public policy set forth in this chapter within their respective internal processes.
History —Aug. 8, 2006, No. 148, added as § 21 on Oct. 25, 2010, No. 155, § 9.