What is the time limit for businesses providing e-commerce trading floor services to notify users when changing their personal information protection policy?

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What is the time limit for businesses providing e-commerce trading floor services to notify users when changing their personal information protection policy?

Pursuant to Article 38 of the Decree 52/2013/ND-CP amended by Clause 17, Article 1 Decree 85/2021/ND-CP regulating the operating regulations of e-commerce trading floors.

Accordingly, the regulations on the operation of e-commerce trading floors must include the following contents:

– Rights and obligations of traders and organizations participating in providing services on e-commerce trading floors;

– Rights and obligations of users of e-commerce trading floor services;

– If the e-commerce trading floor combines many different forms of operation, describe the transaction process for each form of organization and operation, including the goods delivery process (if any);

– Review activities and handling authority of traders and organizations providing e-commerce trading floor services when detecting business acts that violate the law on the trading floor;

– Rights and obligations of the parties in transactions carried out on the e-commerce trading floor. In case a transaction has more than 02 parties participating, the responsibilities must be clearly defined between the parties selling goods and providing services;

– Limit the liability of traders and organizations providing e-commerce trading floor services in transactions performed on the floor;

– Information security regulations, inspection and supervision mechanisms to ensure the provision of information and information management on e-commerce trading floors;

– Mechanism to resolve complaints and disputes between parties related to transactions conducted on the e-commerce trading floor;

– Policy to protect personal information of users of e-commerce trading floor services according to the provisions of Article 69 of this Decree;

– Measures to handle violations of consumer rights on e-commerce trading floors;

– Measures to handle violations for those who do not comply with the operating regulations of the e-commerce trading floor.

– Assign responsibility for providing goods documents between the seller, the e-commerce trading floor service provider and the logistics service provider in case there is an agreement to use third-party logistics services;

– Process of coordinating with intellectual property rights holders to review and remove products infringing intellectual property rights on e-commerce trading floors;

– Policies generally applicable to transactions on the floor related to goods inspection, return policy, refund policy (including refund cases, procedures and methods of refunding customers) in case the e-commerce trading floor has an online ordering function.

At the same time, when there is a change in one of the above contents, traders and organizations providing e-commerce trading floor services must notify all users of e-commerce trading floor services at least 5 days before applying those changes.

In other words, the time limit for businesses providing e-commerce trading floor services to notify users when changing their personal information protection policy is at least 5 days before applying the changes.

What are the businesses that provide e-commerce trading floor services?

According to the provisions of Article 35 of Decree 52/2013/ND-CP, traders and organizations providing e-commerce trading floor services are traders and organizations that establish e-commerce websites so that other traders, organizations and individuals can conduct part or all of the process of buying and selling goods and services on it.

In addition, the forms of operation of e-commerce trading floors:

– Website allows participants to open booths to display and introduce goods or services;

– Website allows participants to open accounts to carry out the process of entering into contracts with customers;

– The website has a buying and selling section, which allows participants to post information about buying and selling goods and services;

– Social networks have one of the forms of activity specified in Points a, b, c, Clause 2, Article 35 of Decree 52/2013/ND-CP amended by Clause 15, Article 1 of Decree 85/2021/ND-CP and participants directly or indirectly pay fees for the implementation of those activities.

Responsibility for state management of How is e-commerce regulated?

Responsibility for state management of e-commerce is specified in Article 6 of Decree 52/2013/ND-CP, specifically:

– The Ministry of Industry and Trade is responsible to the Government for implementing state management of e-commerce.

– Relevant ministries, ministerial-level agencies, and People’s Committees of provinces and centrally-run cities, within the scope of their duties and powers, are responsible for coordinating with the Ministry of Industry and Trade to implement state management of e-commerce.

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