11 Unicorns, 900+ Deals And $11.5 Bn Raised By Indian S... [The Outline By Inc42 Plus] Tech Finds Consumption Green Shoots, [The Outline By Inc42 Plus] Cryptocurrency Aches For Regulation, [The Outline By Inc42 Plus] The Social Dilemma. Reliance Jio Enters Esports Market With Mediatek Tie-Up For 70-Day 'Fr... What Slowdown? The Secretary of Homeland Security, through the Commissioner of CBP, shall, to the extent consistent with applicable law and international agreements, implement all appropriate measures to prevent importation into the United States of any shipments dispatched from any international post that is deemed a non-compliant international post for six or more consecutive quarters and for which the additional information required consistent with this subsection is not promptly provided. They encourage governments to evaluate their consumer protection laws to make sure they extend to online shopping, and to ensure that consumers have recourse if they are dissatisfied. Consumer protection laws protect the e-commerce consumer from unfair trade practices. Publication of Violation Information; Enhanced Enforcement Efforts. Report on Sufficiency of Fees. To achieve the policy goals stated herein, the United States Government shall consider all appropriate actions that it can take to ensure that persons that CBP suspends or debars are excluded from participating in the importation of merchandise into the United States. Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall submit a report to the President analyzing what measures CBP may take consistent with its existing authorities. USPS should collaborate with CBP in implementing these measures. (a)  The Secretary of Homeland Security shall issue a notice of proposed rulemaking to establish criteria importers must meet in order to obtain an importer of record number. By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. (b)  The Secretary of Homeland Security shall prioritize targeted inspection of imports into the United States from any international post that for two or more consecutive quarters is deemed a non-compliant international post. 3. The United States Government must also protect the revenue of the United States from individuals and entities who evade customs duties, taxes, and fees. This is because they often apply whether or not the e-commerce business is located in a particular jurisdiction; what matters is where the consumer is … Both of these new laws change the legal landscape in important ways for businesses under their purview. E-commerce and consumer protection. This score shall take into account rates of trafficking of counterfeit goods, narcotics (including synthetic opioids such as fentanyl), and other contraband through a particular international post, effectiveness of the international post in reducing such trafficking, including cooperation with CBP, as well as such other factors the Secretary, through the Commissioner, determines advisable. In as many as 57 countries, it was not possible to obtain data, suggesting that online consumer protection is … Sec. While telecommunications fraud statutes often extended to e-commerce communications, there was a need for new laws addressing computer-related crimes and frauds. Sec. The law gives businesses 30 days after receiving a notice of noncompliance to remedy the situation. The E-Commerce Rules provide a framework to regulate the marketing, sale and purchase of goods and services online pursuant to which all e-commerce entities, including B2B The Consumer Protection Act, 2019: An Overview (b)  Within 90 days from the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall submit to the President a report on any appropriate measures the Federal Government could take, including negotiating with international posts, to prevent the importation or attempted importation into the United States through the international postal network of shipments containing goods, when such importation or attempted importation is known to have been facilitated by any person who may not obtain an importer of record number under any criteria established by the Secretary under section 2 of this order. The Secretary shall determine a minimum threshold compliance score for each quarter and shall deem non compliant any international post that scores below such threshold in that quarter. MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Consumer Affairs) NOTIFICATION New Delhi, 23rd July, 2020. (a)  Consistent with applicable law, the Secretary of Homeland Security, through the Commissioner of CBP, shall take steps to ensure that, within 60 days of the publication in the System for Award Management by CBP of the name of any debarred or suspended person, express consignment operators, carriers, hub facilities, and licensed customs brokers notify CBP of any attempt, of which they know or have reason to believe, by any persons who may not obtain an importer of record number based on any criteria established by the Secretary under section 2 of this order, to re-establish business activity requiring an importer of record number through a different name or address associated with the debarred or suspended person. Definitions.— (1) In these rules unless the context otherwise requires, — (a) “Act” means the … (c)  “International post” means any foreign public or private entity providing various types of postal services, including mailing and delivery services. By the 1980’s, Congress became concerned with the lack of law enforcement directives for internet crimes. “It would be wrong to think that this is only applicable for marketplace and inventory models where there is a sale of physical goods.”. The Act also mandates the setting up of a 35-member Central Consumer Protection Authority (CCPA) headed by the Union Minister of Consumer Affairs, to promote, protect and enforce the rights of consumers.Â, Kaushalya Venkataraman, partner at Chandhiok & Mahajan Advocates and Solicitors, said that the ecommerce rules would bring about systemic changes to the manner in which business is conducted by ecommerce entities.Â, “As the principal focus of the changes are consumer protection, the ecommerce rules aim at increasing disclosures by the ecommerce platforms, websites to ensure consumers make informed decisions and by prohibiting price manipulation and unfair trade practices by the ecommerce platforms/ websites. This thesis presents the concept of Sharia law and contrasts it with EU laws in the area of e-consumer protection. 1641(a)(1). 5. The rules mandate that etailers set up a grievance redressal officer, acknowledge the receipt of a complaint within 48 hours and resolve the complaint within one month of the complaint being filed by the customer.Â, As part of the new guidelines, business-to-consumer (B2C) internet companies such as MakeMyTrip, Ola, Uber, Swiggy, Zomato, BigBasket, UrbanClap and others, are also defined as etailers or ecommerce entities.Â, The new CPA has been lauded by experts for empowering the consumers. These are described below. New e-commerce websites have sprung up almost over night and proliferated the market. (e)  “E-commerce platform” means any web-based platform that includes features primarily designed for arranging the sale, purchase, payment, or shipping of goods, or that enables sellers not directly affiliated with an operator of a web-based platform to sell physical goods through the web to consumers located in the United States. In Thursday’s joint Senate committee hearing, e-commerce platform Zalora urged to revisit the provision holding online shopping platforms “jointly and solidary liable” with online merchants for products sold that do not comply with intellectual property, consumer protection, and other laws. 4. (e)  Within 90 days of the date of this order, the Secretary of Homeland Security, through the Commissioner of CBP, shall publish and regularly update appropriate guidance related to CBP’s implementation of this section, including the process by which an international post is deemed a non-compliant international post and the process by which an international post is removed from the list of non-compliant international posts. This increase, facilitated the need for consumer protection laws in the Online sphere; in the form of the Electronic Transactions Act 2011, the computer misuse Act … By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Consumer Protection in M-Commerce: Kenyan Case In the case of Beatrice Ndungu v Safaricom Ltd, there was an alleged violation of section 56(4). As part of the new guidelines, business-to-consumer (B2C) internet companies such as MakeMyTrip, , Zomato, BigBasket, UrbanClap and others, are also defined as etailers or ecommerce entities.Â, for empowering the consumers. Inc42 Shots | Reliance Plans Comeback For JioPhone, But Will It Work T... Inc42 Shots | Google In Talks With Jio, Airtel Over Project Taara For ... Inc42 Shots | Indian Govt To Launch Massive Wi-Fi Networks. Updated: Sep 8. The Consumer Protection Rules for e-commerce is part of the Consumer Protection Act 2019, which came to effect on Monday. Precautions to be taken by consumers (a)  The Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with the United States Trade Representative, shall develop an International Mail Non-Compliance metric, based on relevant factors, to formulate an overall compliance score for each international post. It tracks the state of e-commerce legislation in the field of e-transactions, consumer protection, data protection/privacy and cybercrime adoption in the 194 UNCTAD member states. It should be noted here that no specific act regulates the online transactions. The Secretary shall update overall compliance scores on a quarterly basis. It is the policy of the United States Government to ensure that parcels containing contraband be kept outside of the United States to the greatest extent possible and that all parties who participate in the introduction or attempted introduction of such parcels into the United States be held accountable under the laws of the United States. E-commerce being global and domestic in nature, efforts have been thoroughly made to ensure its protection. Consumer Protection Bureau Consumer Sourcebook – E-Commerce A federal law, the Electronic Signatures in Global and National Commerce Act (15U.S.C. If your e-commerce business is found to be in violation of the California Consumer Privacy Act, you will not immediately be liable for penalties. Criteria for the Importer of Record Program, Including Exclusion of Trade Violators. (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. While earlier, a consumer would have to file a complaint at the registered office of the seller, with the coming of the new Act, the consumer can now file a complaint online, with the consumer commission which has jurisdiction over his/her place of residence. (a)  On a periodic basis, and consistent with Federal law and executive branch policy reflecting non disclosure of sensitive information, the Secretary of Homeland Security, through the Commissioner of CBP and the Director of United States Immigration and Customs Enforcement, shall publish information about seizures arising in the international mail and express consignment environments that involve intellectual property rights violations, illegal drugs and other contraband, incorrect country of origin, under valuation, or other violations of law of particular concern. (b)  Such criteria shall include a criterion providing that any person debarred or suspended by CBP for lack of present responsibility for reasons related to importation or trade shall be ineligible to obtain an importer of record number for the duration of such person’s suspension or debarment by CBP. Among other measures to strengthen consumer rights, both e-tailers and their sellers have to appoint grievance officers to address any complaints. In furtherance of this policy, the nonprocurement debarment and suspension system enables executive departments and agencies to exclude from Federal programs persons who are not presently responsible. 11 Unicorns, 900+ Deals And $11.5 Bn Raised By Indian Startups In... From Covid Data Theft To ‘Teaching India A Lesson’: Cyber Attacks Targeted India... 2020 In Review: Startups That Troubled Customers This Year, In Unprecedented Pandemic Year, Indian Startups See Six-Year Low In M&As, The Farming 3.0 Opportunity: Inside India’s $24.1 Bn Agritech Market, Decoding Digital Lending In India: The Rise Of Consumer Lending, Report 2020. Industry executives said this would be an additional burden on small sellers. (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations. Such protection should include regulatory or industry-led limitations on consumer liability for unauthorised or fraudulent charges, as well as chargeback mechanisms, when appropriate. While earlier, a consumer would have to file a complaint at the registered office of the seller, with the coming of the new Act, the consumer can now file a complaint online, with the consumer commission which has jurisdiction over his/her place of residence. The Consumer Protection (E-commerce) Rules, 2020 ('Rules') complement the Act with regards to the protection of consumers from unfair trade practices and other practices of e-commerce … Further, plaintiffs can now attend hearings through video conferencing. Undoubtedly, the Consumer Protection Act is a far-reaching piece of legislation that will affect different sectors of our economy including real estate, e-commerce, manufacturing, agriculture, banking and finance, aviation, among many others. For instance, e-commerce has been specifically brought under the purview of the Consumer Protection Act, 2019, and is defined as the ‘buying or selling of goods or services including digital products over digital or electronic network’. The guidelines also call on participating governments to take steps to boost consumer confidence in the electronic marketplace. And they recommend that governments work together to combat cross-border fraud and help establish a climate for electronic commerce that balances the needs and interests of businesses and consumers. (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The ecommerce rules also bring within their ambit offshore websites shipping goods and providing services to Indian consumers and require them to have a place of business in India and to designate persons resident in India to remain accountable for compliance,” Chandhiok told. (f)  “Person” means any individual, corporation, partnership, association, or legal entity, however organized. The ecommerce rules also bring within their ambit offshore websites shipping goods and providing services to Indian consumers and require them to have a place of business in India and to designate persons resident in India to remain accountable for compliance,” Chandhiok told Inc42.Â. Development of U.S. E-Commerce Consumer Protection Laws . EU directives (Consumer Rights, E-commerce, Quality of Goods & Services, Unfair Terms in Consumer Contracts, Unfair Commercial Practices). It is the policy of the United States Government that express consignment operators, carriers, hub facilities, international posts, customs brokers, and other entities, including e-commerce platform operators, should not facilitate importation involving persons who are suspended or debarred by CBP. The Act also mandates the setting up of a 35-member Central Consumer Protection Authority (CCPA) headed by the Union Minister of Consumer Affairs, to promote, protect and enforce the rights of consumers.Â, As the principal focus of the changes are consumer protection, the ecommerce rules aim at increasing disclosures by the ecommerce platforms, websites to ensure consumers make informed decisions and by prohibiting price manipulation and unfair trade practices by the ecommerce platforms/ websites. Definitions. The Consumer Protection Act 2019, brings ecommerce within its ambit Ecommerce is defined as buying or selling of goods or services including digital products over electronic networks Items Sent to the United States through the International Postal Network. In support of Cambodia's rapidly growing economy, the Cambodian government enacted the Law on Electronic Commerce (E-commerce Law) and the Law on Consumer Protection (Consumer Protection Law) on November 2, 2019. Like other consumer protection issues, most of the existing laws were created before the globalization boom and advent of the Internet, so they are limited in scope. Moreover, it is likely that many e-commerce business will be subject to most, if not all, of these different consumer protection laws. Depending on the criteria established, such consideration shall include whether CBP may take any of the following measures:  limiting an express consignment operator’s, carrier’s, or hub facility’s participation in any CBP trusted trader programs; taking appropriate action with regard to an express consignment operator’s, carrier’s, or hub facility’s operating privileges; or suspending or revoking a customs broker’s license. ... , ensuring consumer protection and enhancing trust in online transactions. By reducing counterfeit goods, consumers will have greater trust in the system. The process of grievance redressal has also been eased significantly for the consumer. In order to do so, KSA has issued the E-Commerce law, published on 26 July 2019 effective on 24 October 2019 (Law) to regulate and oversee the transactions conducted online which differ from those conducted in brick and mortar trade. Sec. It is the policy of the United States Government, as reflected in Executive Order 12549 of February 18, 1986 (Debarment and Suspension), and elsewhere, to protect the public interest and ensure the integrity of Federal programs by transacting only with presently responsible persons. One of the greatest concerns with e-commerce fraud is the dispersal of perpetrators around the globe and the underlying challenges of identifying and locating the criminals. USPS should make all reasonable efforts to include provisions regarding any criteria for participating in the importer of record program established under section 2 of this order in any new contractual instruments it executes with international posts. 9. §7001) (E-Sign Act), has created a process for contacts to be signed and other types of business to be conducted electronically. … G.S.R. (b)  “Express consignment operator, carrier, or hub facility” has the meaning given to those terms in 19 CFR 128.1. ... (ECT) enhances the consumer protection measures contained in our legal system, such as the Consumer Protection Act [4] (CPA) and the common law. Within 210 days of the date of this order, the Secretary of Homeland Security, in coordination with the heads of other executive departments and agencies, as appropriate, shall submit a report to the President, through the Director of the Office of Management and Budget: (a)  analyzing whether the fees collected by CBP are currently set at a sufficient level to reimburse the Federal Government’s costs associated with processing, inspecting, and collecting duties, taxes, and fees for parcels; and. For the purposes of this order: (a)  “Customs broker” has the meaning given to that term in 19 U.S.C. Is WhatsApp Ending Its UPI Payments Tie-Up With Jio Payments Bank? General Provisions. Sec. (d)  “Contraband” has the meaning given to that term in 49 U.S.C. (d)  The Secretary of Homeland Security, through the Commissioner of CBP, and in consultation with USPS, shall, to the maximum extent permitted by applicable law, take measures to protect the United States from shipments from any international post that for eight or more consecutive quarters is deemed a non-compliant international post. Despite the importance of consumer confidence for business-to-consumer e-commerce, many developing and transition economies still lack laws to protect consumers online. It is the policy of the United States Government that any person who knowingly, or with gross negligence, imports, or facilitates the importation of, merchandise into the United States in material violation of Federal law evidences conduct of so serious and compelling a nature that it should be referred to U.S. Customs and Border Protection (CBP) of the Department of Homeland Security for a determination whether such conduct affects that person’s present responsibility to participate in transactions with the Federal Government. E-commerce, including transactions involving smaller express-carrier or international mail packages, is being exploited by traffickers to introduce contraband into the United States, and by foreign exporters and United States importers to avoid applicable customs duties, taxes, and fees. (a)  Nothing in this order shall be construed to impair or otherwise affect: (i)   the authority granted by law to an executive department or agency, or the head thereof; or. How Travel Tech Firm Ixigo Survived The Pandemic With Its ‘No-Firing’ Policy... 2020 In Review: From Zomato And Swiggy To Ola And Uber — A Year Of Protests By I... Sequoia Tops Indian Startup VC Charts In 2020 Amid Massive Unicorn Run. Governments and stakeholders should work together to develop minimum levels of consumer protection for e-commerce payments, regardless of the payment mechanism used. “It would be wrong to think that this is only applicable for marketplace and inventory models where there is a sale of physical goods.”, The applicability of the rules would mean that companies such as MakeMyTrip, OYO, and online ticketing services offered by airlines such as Indigo and Vistara, among others, would need to establish an adequate grievance redressal mechanism. S. 56 on Unconscionable conduct states: CBP implements this system by suspending and debarring persons who flout the customs laws, among other persons who lack present responsibility. (a)  The United States Postal Service (USPS) should collaborate with the Secretary of State to notify the international postal network, via circular or the functional equivalent, of the policy of the United States Government set forth in section 1 of this order and the key provisions of this order. Non-Compliant International Posts. Such protective measures are essential to strengthen consumer confidence and the establishment of a more equitable relationship between businesses and consumers in commercial transactions. Besides obligations under the newly legislated Law on Consumer Protection, which are applicable to both online and offline businesses, the E-commerce Law … In India, the Consumer Protection Act 1986 governs the relations between consumers and the provider of services/goods. It is the policy of the United States Government to protect consumers, intellectual property rights holders, businesses, and workers from counterfeit goods, narcotics (including synthetic opioids such as fentanyl), and other contraband now being introduced into the United States as a result of the recent growth in e-commerce. Sec. The process of grievance redressal has also been eased significantly for the consumer. Consumer protection Malaysia’s general consumer legislation, the Consumer Protection Act 1999 protects consumers against a range of unfair practices and enforces minimum product standards. 4322. Sec. (b)  providing recommendations, consistent with applicable law, regarding any fee adjustments that are necessary to reimburse the Federal Government’s costs associated with processing, inspecting, and collecting duties, taxes, and fees for parcels. DFDL cordially invites you to this upcoming seminar to discuss the “New Consumer Protection and E-Commerce Laws” on 16 December 2019 at Raffles Hotel Le Royal in Phnom Penh.At this event, our expert speakers will discuss the key changes and new developments heralded by the new legislation, how it stands to affect businesses operating in Cambodia and important compliance … Responsibilities of Express Consignment Operators, Carriers, Hub Facilities, and Licensed Customs Brokers. Over the years, special organizations have made it their responsibility to ensure that buyers are protected 100% of the time. The Consumer Protection (E-Commerce) Rules, 2020 has not touched upon the protection of the data and personal information provided by the consumer, especially when that information is also being accessed out of the country. 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