Tratamiento de los adultos mayores frente a las Fintech.

Abstract

This thesis analyzes the lack of sufficient legal protection mechanisms for older adults against the risks involved in FinTech platforms within the Ecuadorian and supranational legal framework. The Organic Law on Older Adults, published in 2019—including its Regulations— lacks specific provisions governing the interaction of this vulnerable group with digital financial environments, thus creating gaps in accessibility, differentiated care, and redress mechanisms for fraud or abuse. The FinTech Law, which has more specific regulations regarding digital commerce, lacks obligations that benefit older adults, thus generating a situation of lack of protection against the digital and economic gaps faced by this group. Based on the analysis of the legal gaps contained in the section on the legal problem, reforms are proposed aimed at creating specialized reporting channels and digital and financial literacy programs. Finally, positive obligations are imposed for financial technology platforms to implement accessibility standards and enhanced verification.