Responsabilidad legal de las SEDPEs por transacciones no autorizadas en billeteras electrónicas interoperables con tarjetas.

Abstract

In today’s globalized world, technology has transformed payment systems, leading to the emergence of electronic wallets. In Ecuador, Specialized Electronic Deposit and Payment Companies (SEDPEs) operate these wallets, which interoperate with financial products such as bank-issued cards. This interoperability has fostered innovation and efficiency in payments: however, the involvement of multiple parties in a single transaction makes it difficult to determine who is liable for unauthorized operations. This situation has revealed regulatory gaps stemming from the absence of clear rules defining the scope of responsibility in such cases. It is therefore essential for regulations to set precise mechanisms to allocate responsibilities, identify accountable parties, enforce sanctions, and mitigate associated risks. Accordingly, this thesis aims to establish clear criteria for defining the responsibilities of SEDPES, ensuring an equitable distribution of obligations among all actors involved in a transaction. The goal is to strengthen the regulatory framework to protect users, safeguard regulated entities and enable oversight bodies to carry out effective supervision and enforcement.