2013年12月20日 星期五

2013-Chapter 2 E-commerce Regulations Abstract

Currently there are no specific laws for the regulation of the e-commerce industry in Taiwan. However, relevant laws that are applicable to e-commerce do exist, and we list such laws and regulations as follows:

(1) Information and communications legislation: The National Communications Commission (NCC) plans to introduce the Communications Convergence Bill in 2014. The draft amendment to the "Telecommunications Act" pertaining to the regulation of Internet content; portions of amendment are controversial due to its perceived infringement of the rights of Internet users.

(2) Internet content legislation: Introduction of "The Protection of Children and Youths Welfare and Rights Act" and the "Internet Content Guard Agency"; amendment of media rating standards and the establishment of self-policing mechanisms to guard against inappropriate Internet content.

(3) Online finance services legislation: To address issues related to foreign currency declaration in cross-border online payments, the "Evaluation Guidelines for Data Processing Service Enterprises Entrusted with Handling Cross-border Online Transactions" was promulgated and took effect on October 3, 2013. Added "third-party payment" as a new industry category, which was given the scope of business code "I301040 third-party payment services" and announced on December 24, 2012. In addition, credit card payment for C2C transaction was allowed in third-party payment, and problems associated with third-party payment online stored-value requirement for non-financial institutions was expected to be solved.

(4) Online intellectual property rights legislation: The Executive Yuan has approved the "Intellectual Property Rights Strategic Principles" to put into effect the protection and distribution of intellectual property rights. The Principles consist of six major strategic priorities and 27 key implementation elements. Plans to block and censor foreign websites that commit copyright infringements were proposed with good intentions, but the possible violation of users' rights has led to grave concerns among netizens.

(5) Personal information protection legislation: Following a long period of deliberation, the new version of the Personal Information Protection Act, was finally promulgated by the Executive Yuan on October 1, 2012. The Ministry of Justice has introduced draft amendment to portions of the Personal Information Protection Act to address the deficiencies and controversial parts of the new law. In addition, there are seven major e-commerce online merchants have obtained certification of the "Taiwan Personal Information Protection & Administration System" (TPIPAS), which will better protect the interests of consumers.

(6) Legislation pertaining to consumer protection: The Cabinet meeting of the Executive Yuan has passed the draft amendment to the "Consumer Protection Law," which is currently being deliberated at the Legislative Yuan. The Executive Yuan Cabinet meeting approved the draft amendment to parts of the Consumer Protection Law on May 23, 2013, which is now being reviewed by the Legislative Yuan. Portions of this draft amendment are relevant to e-commerce industry, and there the process should be monitored closely.

(7) Other legislations applicable to e-commerce: The signing of the Cross-Strait Service Trade Pact took place on June 21, 2013. In this agreement, Beijing has committed to opening up 80 industries in mainland China to Taiwan, and conversely Taipei has promised to make 64 Taiwanese industries accessible to China. In particular, Taiwanese corporations are allowed to set up joint ventures in Fujian province to operate e-commerce websites with a stake of up to 55%. In addition, the People with Disabilities Rights Protection Act has been amended to promote accessibility to public information (e-commerce) by persons with disabilities, ensuring that their online rights are also protected.

As cloud-related technologies and applications are currently receiving considerable attention in Taiwan, laws pertaining to cloud commerce applications require attention as well. A topic that has gathered much interest is "personal data protection problems." In addition, "cross-border data transfer issues" are also an area that should be handled properly. When using cloud computing services, it is also necessary to pay attention to issues associated with civil liability of contracts. Copyright-related issues may also easily be overlooked by the industry, which much take extra caution in order to avoid breaking the law.

1 則留言:

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