What are the highlights of the implementation regulations of the Consumer Rights Protection Law, which will come into effect in July?

2024-04-10

The Implementation Regulations of the Consumer Rights Protection Law will be implemented from July this year. At the State Council Policy Regular Briefing held by the State Council Information Office on the 9th, relevant officials from the State Administration for Market Regulation, the Supreme People's Court, the Ministry of Justice, the State Cyberspace Administration, and other departments introduced the relevant information on the regulations. This year marks the 30th anniversary of the implementation of the Consumer Rights Protection Law. As a supporting administrative regulation, what are the highlights of the regulation and what impact will it bring? Liu Jun, Deputy Director of the State Administration for Market Regulation, introduced that the regulations adhere to a problem oriented and systematic approach, and clarify the need to form a joint governance system that combines operator compliance with the law, industry self-discipline, consumer participation, government regulation, and social supervision. The focus is on refining operator obligations, strengthening national protection, and improving dispute resolution, among other aspects. Liu Jun said that in order to ensure the personal and property safety of consumers, it is stipulated that in addition to general goods and services, gifts must also be safe, and "free is not exempt from responsibility.". Based on the true disclosure of information, common situations of false advertising were listed, and it was also stipulated that the effects of treatment, health care, and wellness should not be fabricated or exaggerated to induce elderly people to consume, in order to safeguard the elderly care money for consumers. Regarding the protection of consumers' right to peace, it is stipulated that they are not allowed to send "sales information" or make "sales phone calls" without authorization. By providing a series of clearer compliance guidelines and clearer legal responsibilities, we aim to make the market more orderly, standardize operations, prevent market failures, and reduce consumer infringement. Guo Qiwen, the head of the Legislative Council of the Ministry of Justice, said that the regulation focuses on the pain points and difficulties that consumers are currently concerned about. Such as refining and supplementing the relevant provisions of the Consumer Rights Protection Law, improving the relevant provisions of online consumption, regulating prepaid consumption business activities, strengthening the government's responsibility for protecting consumer rights, and clarifying the performance requirements of consumer associations. Regarding the issue of excessive collection and use of personal information by some apps, You Xueyun, the head of the Cyberspace Administration of China's Cyberspace Administration, stated that facial recognition during online shopping is considered excessive collection of personal information. Business operators shall not excessively collect consumer personal information, and shall not use methods such as one-time general authorization or default authorization to force or indirectly force consumers to agree to collect and use personal information that is not directly related to business activities. Special regulations have been made to address pain points and bottlenecks in prepaid consumption, live streaming sales, "one old and one small," "domineering terms," "brushing orders and speculation," "big data killing," automatic renewal, and mandatory bundling. Kuang Xu, Director of the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation, stated that in response to the characteristics and prominent issues of live streaming sales, the regulations have made various regulations. For live streaming sales, it is necessary to clearly state "who is selling" and "whose products are being sold", and clarify that the platform, live streaming room, and anchor are "everyone's responsibility". Live streaming marketing platform operators should establish and improve consumer rights protection systems, strictly implement identity verification and daily management responsibilities, and clarify consumer dispute resolution mechanisms. The various chaos of prepaid consumption has become a bottleneck for trustworthy consumption. Kuang Xu said that the regulations have granted consumers the right to terminate contracts for the first time. Operators are not only required to refund the balance of the advance payment, but also to determine based on the performance and breach of contract. The regulations also make corresponding provisions for deposits, and unreasonable clauses cannot be set for refunding deposits

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Xinhua

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