Hanoi-Vietnam: Policy on the protection of personal information of consumers on e-commerce platforms

Hanoi-Vietnam: Policy on the protection of personal information of consumers on e-commerce platforms (Image from the Internet)

1. Responsibilities for Protecting the personal information of consumers on E-commerce Platforms

Responsibilities for protecting the personal information of consumers on e-commerce platforms according to Article 68 Decree 52/2013/ND-CP are as follows:

• During e-commerce business operations, if Traders, organizations, or individuals collect personal information from consumers, they must comply with the regulations in Decree 52/2013/ND-CP and related legal provisions on personal information protection.

• In cases where Traders, organizations, or individuals engage third parties to collect and store the personal information of consumers:

  • The contract between the two parties must specify the responsibilities of each party in complying with the regulations in Decree 52/2013/ND-CP and related legal provisions on personal information protection;

  • If the contract does not clearly outline the responsibilities of each party, the Traders, organizations, or individuals operating in e-commerce are responsible if the collection, storage, and use of personal information of consumers violates the regulations in Decree 52/2013/ND-CP and related legal provisions on personal information protection.

2. Policy on the protection of personal information of consumers on e-commerce platforms

Policy on the protection of personal information of consumers on e-commerce platforms according to Article 69 Decree 52/2013/ND-CP is as follows:

• Traders, organizations, or individuals collecting and using the personal information of consumers must establish and publicly announce a personal information protection policy with the following contents:

  • The purpose of collecting personal information;

  • The scope of the information use;

  • The duration of information storage;

  • Entities or organizations that may have access to the information;

  • Addresses of units collecting and managing information, including contact methods for consumers to inquire about information collection and processing activities related to their personal data;

  • Methods and tools for consumers to access and correct their personal data on the e-commerce system of the information-collecting unit.

• The above contents must be clearly displayed for consumers prior to or at the time of collecting information.

• If information is collected through the e-commerce website of the collecting unit, the personal information protection policy must be publicly announced in a visible position on the website.

3. Regulations on seeking the consent of consumers to collect their information on e-commerce platforms

Regulations on seeking the consent of consumers to collect their information on e-commerce platforms according to Article 70, Decree 52/2013/ND-CP are as follows:

• Except as provided in clause 4 Article 70 Decree 52/2013/ND-CP, traders, organizations collecting and using the personal information of consumers on e-commerce websites (hereinafter referred to as information-collecting units) must obtain prior consent from the consumers whose information is collected (hereinafter referred to as data subjects).

• The information-collecting units must establish a mechanism for the data subjects to clearly express their consent through online functions on the website, email, messages, or other methods agreed upon by both parties.

• The information-collecting units must have a dedicated mechanism for the data subjects to choose whether to allow or not allow the use of their personal information in the following cases:

  • Sharing, disclosing, or transferring information to third parties;

  • Using personal information to send advertisements, product introductions, and other commercial information.

• Information-collecting units do not need the prior consent of the data subjects in the following cases:

  • Collecting publicly announced personal information from e-commerce websites;

  • Collecting personal information for the purpose of signing or executing purchase contracts for goods and services;

  • Collecting personal information for the purpose of calculating prices, usage fees for information, products, and services in the online environment.

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