Análisis constitucional de las políticas públicas sobre comercio electrónico y plataformas intermediarias

Abstract

This article identifies the main challenges in consumer law related to the protection of digital rights for consumers and digital platforms. It analyzes the need to reform regulatory frameworks, such as those concerning privacy and equitable access to information, as well as the need for the state to implement consumer policies. We also analyze comparative law to identify which countries are pioneers in digital rights, with the aim of promoting the inclusion of digital platforms in modern constitutions and state frameworks. In our methodology, we employed focus group techniques and analyzed existing laws in Ecuador regarding e-commerce. The results highlighted existing legal gaps, and we also examined how Brazil and the European Union—which are pioneers in this field—address these issues, thereby establishing legal models and exploring the ethical implications of technology use in public policy formulation. In conclusion, I emphasize that the results of the interviews conducted supported this research; user feedback and the analysis of comparative law, together with case law, were fundamental to proposing an efficient regulatory framework.