In today’s rapidly advancing information technology era, e-commerce has become indispensable to consumers’ lives. The buying and selling of goods and services have brought numerous conveniences to consumers while also opening up significant business opportunities for organizations and individuals. However, this growth also presents several challenges, particularly concerning the responsibilities of businesses and individuals towards consumers. This article will analyze the legal responsibilities businesses and individuals must adhere to when conducting online transactions.
1. Definition
Chapter 3 of the 2023 Consumer Protection Law, Decree No. 98/2020/ND-CP dated August 26, 2020, on administrative sanctions in commercial activities, production, and trade of counterfeit goods, prohibited goods, and consumer protection, along with other legal documents, outlines penalties for violations when businesses and individuals fail to fulfill their responsibilities towards consumers.
According to these regulations, the responsibility of businesses and individuals in the online sale of goods and services towards consumers refers to the obligations they must fulfill under the law. If they fail to meet these responsibilities correctly or sufficiently, they will face legal consequences.
2. Entities Engaged in Online Commerce
The 2023 Consumer Protection Law specifies the entities involved in online commerce, including:
- Businesses and individuals who sell products, goods, and services through self-established information systems or digital platforms.
- Organizations that establish and operate intermediary digital platforms.
3. Key Responsibilities of Businesses and Individuals towards Consumers in Online Transactions under the 2023 Consumer Protection Law
The 2023 Consumer Protection Law introduces several new provisions aimed at addressing issues arising in the context of digital transformation. Consequently, the law includes a chapter dedicated to the responsibilities of businesses and individuals in online transactions, outlining specific requirements for e-commerce activities.
a. Responsibility to Provide Accurate and Complete Information
When conducting business online, businesses and individuals must provide full and accurate information about the products and services they offer. This includes, but is not limited to, publicizing information on prices, quality, origin, warranty conditions, and return policies.
b. Responsibility to Protect Consumers’ Personal Information
With the rise of e-commerce transactions, protecting consumers’ personal information has become more crucial than ever. Businesses and individuals engaged in online commerce have a responsibility to collect, store, and process consumers’ personal information securely and confidentially, using it only for purposes agreed upon by the consumer.
c. Responsibilities Related to Standard Contracts and General Transaction Conditions
The 2023 Consumer Protection Law outlines the following responsibilities for businesses and individuals regarding contracts:
- Providing accurate and complete contract content for consumers to review before engaging in transactions;
- Ensuring compliance with legal requirements concerning the form and content of standard contracts and general transaction conditions;
- Registering standard contracts and general transaction conditions before entering into agreements with consumers in certain sectors, as stipulated by the Prime Minister’s list of products, goods, and services requiring registration.
d. Responsibility to Address Complaints and Disputes
During e-commerce transactions, complaints and disputes between consumers and businesses or individuals may arise. Therefore, businesses and individuals have a responsibility to establish and maintain an effective, fair, and transparent complaints resolution process.
e. Responsibility to Comply with Advertising and Promotion Regulations
In e-commerce transactions, advertising and promotion are essential tools for attracting customers. However, businesses and individuals must strictly adhere to legal regulations on advertising and promotions to avoid misleading or deceiving consumers.
According to the 2012 Advertising Law, advertisements must be truthful, clear, and not misleading about the products or services being advertised. Any act of false advertising, inaccurate information, or misleading claims can result in severe penalties. Similarly, promotional programs must be conducted transparently and in accordance with the law, ensuring that they do not infringe upon consumers’ legitimate rights.
This article on “Responsibilities of Businesses and Individuals towards Consumers in Online Transactions” is provided by TNTP for readers. If you have any questions or require further discussion, please contact TNTP for timely assistance.
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