Introduction

Purchasing decisions are no longer made only in front of a traditional seller. Today, much of the consumer experience takes place through platforms, applications and digital interfaces designed to influence user behavior.

In this context, Legislative Decree No. 1729 introduces relevant amendments to Peru’s Consumer Protection and Defense Code, focusing on the handling of consumer claims involving foreign providers and on the sanctioning of coercive commercial practices in e-commerce, including so-called dark patterns.

What is the purpose of Legislative Decree No. 1729?

The rule seeks to strengthen consumer protection in digital transactions. One of its main contributions is requiring foreign providers that offer goods or services through platforms, applications or other e-commerce mechanisms to maintain an operational consumer service channel.

This channel must allow consumers to submit inquiries, claims, suggestions, changes or return requests. This is particularly relevant to avoid situations in which Peruvian consumers are left without an effective communication mechanism when dealing with providers not domiciled in the country.

Dark patterns as coercive commercial practices

Legislative Decree No. 1729 expressly recognizes dark patterns as coercive commercial practices in e-commerce. These are design strategies that manipulate, condition or interfere with users’ decisions for the benefit of the provider.

The amendment is significant because such practices do not necessarily involve false information. Even so, they may affect consumer autonomy by making it harder for users to make free and informed decisions.

Common examples of dark patterns

Frequent examples include preselected checkboxes for insurance or complementary services during the purchase process, forcing consumers to actively opt out of options they did not request.

Another example is the use of obstacles to cancel subscriptions: some platforms make it possible to subscribe with one click, but require several complex steps to cancel the service.

False urgency or scarcity is also common, through messages such as “only one item left” or “offer valid for a few minutes”, when no real limitation exists and the purpose is to pressure the consumer into a faster decision.

Key alerts for e-commerce companies

For companies operating or planning to operate in e-commerce in Peru, this regulatory amendment is a clear reminder: digital interaction mechanisms with consumers should be reviewed from a compliance perspective.

A preventive review can help identify regulatory risks, adjust purchasing flows, improve customer service procedures and ensure that the digital experience is aligned with Peru’s consumer protection framework.

Download the full commentary

The commentary prepared by Diana Meza provides a more detailed analysis of Legislative Decree No. 1729 and its implications for foreign providers and e-commerce platforms.

We invite you to download the full PDF to learn more about the legal scope of this recent amendment and the practical measures companies should consider.

Traditional Specialities Guaranteed in Peru: a route to promote gastronomic tourism

Traditional Specialities Guaranteed in Peru offer a specialized intellectual property tool with significant potential to protect traditional recipes, preserve culinary heritage and strengthen the country’s position as a leading gastronomic tourism destination.

Unlike appellations of origin or geographical indications, this figure does not focus on where a food product is made. Instead, it protects the traditional recipe, composition or production method. This makes it possible to recognize the cultural value of a preparation while allowing any producer who complies with the approved specification to use the protected designation.

What are Traditional Specialities Guaranteed?

Traditional Specialities Guaranteed, or TSGs, identify agricultural or food products with specific characteristics derived from a traditional recipe, composition or method of production. Their main purpose is to preserve culinary knowledge passed down through generations and provide consumers with a clear sign of authenticity.

Under the Peruvian regime, a culinary practice may be considered traditional when it has been used for at least 20 years. The product must also be clearly distinguishable from similar preparations based on its ingredients, composition, organoleptic characteristics or production process.

A strategic opportunity for Peruvian gastronomy

Peruvian gastronomy is one of the country’s most valuable cultural assets. In this context, TSGs can help transform traditional recipes into economic assets without separating them from their cultural roots. Their recognition can create added value, support fair competition among producers and reinforce the identity of the communities linked to each preparation.

In his article, Gino Piaggio explains how this figure can also contribute to local development, especially when aligned with tourism strategies, gastronomic fairs, culinary routes and cultural promotion initiatives.

Progress of the TSG system in Peru

Peru has already started recognizing several traditional specialities. The examples mentioned include:

• Anise bread from Concepción, the first TSG granted in Peru.
• Huancaína potato according to the Huancayo tradition.
• Ocopa from Arequipa.
• “Sopa de novios” according to the Cura Mori tradition.
• Butter rings from Cajamarca.
• Prestiños from Huánuco.
• Chacayano bread or Usa Tanta.

These recognitions show how traditional recipes can be protected through intellectual property while also becoming tools for tourism promotion and regional development.

Economic and tourism impact

Gastronomic tourism continues to grow as travelers seek authentic experiences connected to the culinary culture of the places they visit. In this scenario, TSGs can help build gastronomic routes that connect producing communities, traditional restaurants, local markets and culinary events.

Official recognition not only communicates quality and authenticity. It can also increase demand for local inputs, strengthen the transmission of culinary knowledge and create new opportunities for producers, cooks and regional businesses.

Challenges and outlook

Although the TSG regime in Peru is still recent, its development faces important challenges. These include the need for greater awareness among producers and communities, the creation of organized associations to promote registration applications, and stronger coordination with tourism and rural development policies.

Strengthening this system, together with a future Andean regulatory framework, could expand the protection of traditional recipes and enhance the international projection of Peruvian and regional gastronomy.

Download the full article

To read the full analysis of the legal framework, the TSGs recognized in Peru, comparative experiences and the potential of this figure as a tool for tourism and economic development, download the PDF published by Gino Piaggio, lawyer at Estudio Colmenares & Asociados.