El mensaje de datos: mecanismo contemporáneo de comunicación o medio de prueba documental a partir de la ley 527 de 1999
DOI:
https://doi.org/10.21501/23394536.617Abstract
El presente escrito permite hacer un análisis desde los orígenes de la figura jurídica denominada mensaje de datos, derivada del tratado internacional de comercio electrónico, ratificada en Colombia por una ley de naturaleza mercantil con un ámbito de aplicación ampliado en lo probatorio para articular la figura con el Código de procedimiento civil en la prueba documental regulada en el artículo 251 y subsiguiente.Posteriormente, se plantea el uso masivo de los mensaje de datos como medio de comunicación cotidiana no solo de las empresas sino, también, de las personas en general, es decir, es el instrumento documental para soportar las transacciones electrónicas realizadas a diario y que, muchas de ellas, producen efectos jurídicos vinculantes materializados en actos y contratos, exigiéndose, en consecuencia, su reconocimiento en cuanto a la validez y eficacia jurídica. Es por ello que se delimitan los elementos que el mensaje de datos posee, en doble sentido, uno desde el campo tecnológico y otro desde el campo legal.
Finalmente, se plantea el reto actual a los mensajes de datos escritos, enviados, recibidos, almacenados y comunicados entre las partes como medio de comunicación de los actos y contratos que se producen y deben ser aportados como medio de prueba.
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