东盟-东盟电子商务消费者保护指南（英）-2023.3-26页_838kb

ASEAN Guidelines on Consumer Protection in E-Commerce

Introduction:
The guidelines were developed by the ASEAN Committee on Consumer Protection (ACCP) in collaboration with the ASEAN Coordinating Committee on E-Commerce and Digital Economy (ACCED). They provide non-binding, principle-based recommendations for enhancing consumer protection in e-commerce across ASEAN member states (AMS) without imposing legal obligations. The document considers context-specific factors and aligns with ASEAN frameworks like the ASEAN Economic Community (AEC) and aims to promote fair practices and build consumer trust.

Overview:
The guidelines focus on addressing emerging risks in e-commerce, designed to support regulatory harmonization and convergence in consumer protection laws. Core principles target accessibility, inclusivity, transparency, and fairness. They emphasize the role of platforms, suggest voluntary commitments, and cover international cooperation.

Core Principles:

• Accessibility and Inclusivity: Prioritize product access for all consumers, including vulnerable groups, by promoting公平 interfaces and choices.
• Transparency and Truthful Representation: Ensure clear and accurate information at all stages to empower consumer decisions and reduce information asymmetry.
• Fairness and Consumer Choice: Address risks like dark patterns and algorithmic decisions, aiming for unbiased practices and numerical control in online interactions.

Business Responsibilities:

• Business entities must ensure ethical interface design, honest advertising, and fair contract terms to safeguard consumer data and autonomy. Mandatory disclosures include product details, pricing, and return policies to enhance transparency and safety.
• Emphasis on non-discrimination, promoting inclusive features like multilingual support and protections against automated bias.

Platform Regulation:

• Platforms are encouraged to adopt due diligence for ensuring compliance with consumer laws, including routine seller screenings to mitigate harmful practices. This aligns with the duty of care, addressing liabilities for unsafe products or unfair terms through regulatory oversight.

Wider Engagement:

• Collaborative efforts include co-regulation with private sectors, consumer education programs, cross-sectoral coordination with agencies like trade and digital entities, and international cooperation via networks on dispute resolution and data protection to enhance regional consumer protection frameworks.

Annex:
References associated guidelines, such as the ASEAN Online Business Code of Conduct, and country-specific legislation for e-commerce and consumer agreements. This highlights ongoing development in regional harmonization.