We invite you to read the letter written by our Senior Associate from the Public Law and Regulated Markets Group, Gonzalo Bravo, regarding the delay in the legislation of the “Sernac te Protege” bill.
Dear Editor,
The “Sernac te Protege” bill was introduced by the Executive on September 7, 2023, and remains in its first constitutional stage in the Chamber of Deputies. Despite the government’s sustained efforts to push it forward, it seems to have been sidelined on the legislative agenda.
This lack of progress not only risks putting consumer rights on the back burner but also creates legal uncertainty for businesses. Companies are left uncertain as to whether, at any moment, the bill will be approved, forcing them to quickly adapt to the new obligations it establishes.
As currently drafted, the bill not only raises legitimate concerns among businesses about being sanctioned without prior judicial oversight, but it also compels them to adjust their business models to this third legislative attempt at “strengthening” consumer rights.
A more suitable solution would be to strengthen Sernac’s institutional framework rather than granting it new sanctioning powers. The agency already possesses sufficient authority to conduct highly effective, rigorous, and, if necessary, intrusive oversight processes.
In fact, when analyzing Sernac’s current situation, its primary limitation is not due to a lack of regulatory powers but rather a shortage of resources to properly carry out these tasks.
Letter written by:
Gonzalo Bravo | Senior Associate | gbravo@az.cl
