Law No. 51 of July 22nd, 2008, as amended by Law 82 of November 9, 2012 (“Law 51”), and its bylaws establish in the Executive Decree No. 40 of May 19, 2009 (“Decree 40”) and Executive Decree No. 684 of October 18, 2013 (“Decree 684”) regulate the electronic documents and electronic signatures, as well as the rendering of data storage services, and the certification of the electronic signatures, and adopts other dispositions for the development of e-commerce. It establishes that Companies that sell goods or services in Panama, through the Internet, will be subject to the other provisions of national legislation that apply to them based on the activity they develop, regardless of the use of electronic means for their realization.  

With respect to email advertising, Panamanian law requires that all such emails:

• State that they are commercial communications
• Include the name of the sender
• Set forth the mechanism through which the recipient may choose not to receive any further communications from the particular sender

These requirements apply to other promotional offers as well.

Further, although opt-out tools are not prohibited, the client's initial opt-in consent is specifically required if an entity wishes to use the client's email for advertising purposes. Further, although no specific prohibition has been enacted with respect to the use of information for online advertising, obtaining the customer's consent is always preferable.