Online Consumer Protection. Each Party shall, to the extent possible and in a manner considered appropriate by each Party, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under their respective laws, regulations and policies.
Online Consumer Protection. 1. Subject to Paragraph 2, each Party shall, where possible, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under its relevant laws, regulations and policies.
2. A Party shall not be obliged to apply Paragraph 1 before the date on which that Party enacts domestic laws or regulations or adopts policies on protection for consumers using electronic commerce.
Online Consumer Protection. 1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive commercial activities when they engage in digital trade.
2. Each Party shall adopt or maintain consumer protection laws to proscribe fraudulent and deceptive commercial activities that cause harm or potential harm to consumers engaged in online commercial activities.
Online Consumer Protection. 1. The Parties recognise the importance of transparent and effective measures to protect consumers from fraudulent, misleading or deceptive conduct when they engage in electronic commerce.
2. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross-border electronic commerce in order to enhance consumer welfare.
3. Each Party shall adopt or maintain laws or regulations to proscribe fraudulent, misleading or deceptive conduct that causes harm, or is likely to cause harm, to consumers engaged in online commercial activities. Such laws or regulations may include general contract or negligence law and may be civil or criminal in nature. “Fraudulent, misleading or deceptive conduct” includes:
(a) making misrepresentations or false claims as to material qualities, price, suitability for purpose, quantity or origin of goods or services;
(b) advertising goods or services for supply without intention to supply;
Online Consumer Protection. 1. The Parties recognise the importance of transparent and effective measures to protect consumers from fraudulent, misleading or deceptive conduct when they engage in electronic commerce.
2. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross-border electronic commerce in order to enhance consumer welfare.
3. Each Party shall provide effective protection for rights of consumers in e-commerce that is not lower than the level of protection provided in other forms of commerce.
4. Each Party shall adopt or maintain laws or regulations to proscribe fraudulent, misleading or deceptive conduct that causes harm, or is likely to cause harm, to consumers engaged in online commercial activities. “Fraudulent, misleading or deceptive conduct” includes:
Online Consumer Protection. 1. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive commercial activities, unfair contract terms and unconscionable conduct when they engage in electronic commerce.
2. For the purposes of this Article, fraudulent and deceptive commercial activities refer to those commercial practices that are fraudulent or deceptive and cause actual harm to consumers, or that pose a potential threat of such harm if not prevented. For example:
(a) making a misrepresentation of material fact, including an implied factual misrepresentation, that may cause significant detriment to the economic interests of a misled consumer;
(b) failing to deliver products or provide services to a consumer after the consumer is charged; or
(c) charging or debiting a consumer’s financial, digital or other accounts without authorisation.
3. Each Party shall adopt or maintain consumer protection laws to proscribe fraudulent and deceptive commercial activities that cause harm or potential harm to consumers engaged in online commercial activities.
4. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross-border electronic commerce in order to enhance consumer welfare.
5. To this end, the Parties shall promote, as appropriate and subject to the laws and regulations of each Party, cooperation on matters of mutual interest related to fraudulent and deceptive commercial activities that cause actual harm to consumers, or that pose an imminent threat of such harm if not prevented, including in the enforcement of their consumer protection laws, with respect to online commercial activities.
6. The Parties recognise the benefits of mechanisms, including alternative dispute resolution, to facilitate the resolution of claims over electronic commerce transactions.
Online Consumer Protection. 1. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from misleading, deceptive, and fraudulent commercial practices when they engage in digital trade.
2. Each Party shall endeavour to adopt or maintain consumer protection laws to proscribe misleading, deceptive, and fraudulent commercial activities that cause harm or potential harm to consumers engaged in digital trade.11
3. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross- border digital trade in order to enhance consumer welfare.
4. Each Party shall endeavour to provide effective protection for rights of consumers in digital trade that is not lower than the level of protection provided in other forms of trade.
5. Each Party shall endeavour to adopt or maintain laws or regulations that:
(a) require, at the time of delivery, goods or services provided to be of acceptable and satisfactory quality, consistent with the supplier’s claims regarding the quality of the goods or services; and
(b) provide consumers with appropriate redress when they are not.
6. Each Party shall make publicly available and easily accessible its consumer protection laws and regulations.
7. Each Party shall endeavour to adopt a comprehensive consumer education and awareness strategy for their natural and legal persons with respect to digital trade transactions.
8. The Parties recognise the importance of improving awareness of, and access to, policies and procedures related to consumer protection, including consumer redress mechanisms, including for consumers from one Party transacting with suppliers from another Party.
9. The Parties shall promote, as appropriate and subject to the respective laws and regulations of each Party, cooperation on matters of mutual interest related to fraudulent, misleading, and deceptive conduct, including in the enforcement of their consumer protection laws, with respect to online commercial activities.
Online Consumer Protection. 1. Each Party shall, to the extent possible and in a manner considered appropriate, adopt or maintain measures which provide protection for consumers using electronic commerce that is at least equivalent to measures which provide protection for consumers of other forms of commerce.
2. Each Party shall adopt or maintain measures regulating consumer protection where:
(a) consumers who participate in electronic commerce should be afforded transparent and effective consumer protection that is not less than the level of protection afforded in other forms of commerce; and
(b) businesses engaged in electronic commerce should pay due regard to the interests of consumers and act in accordance with fair business, advertising and marketing practices.
3. Each Party shall encourage business to adopt the following fair business practices where business engages in electronic commerce with consumers:
(a) businesses should provide accurate, clear and easily accessible information about themselves, the goods or services offered, and about the terms, conditions and costs associated with a transaction to enable consumers to make an informed decision about whether to enter into the transaction;
(b) to avoid ambiguity concerning the consumer’s intent to make a purchase, the consumer should be able, before concluding the purchase, to identify precisely the goods or services he or she wishes to purchase; identify and correct any errors or modify the order; express an informed and deliberate consent to the purchase; and retain a complete and accurate record of the transaction;
(c) consumers should be provided with easy-to-use, secure payment mechanisms and information on the level of security such mechanisms afford.
Online Consumer Protection. 1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive business practices when engaging in electronic commerce.
2. Each Party shall adopt or maintain consumer protection laws to prohibit fraudulent and deceptive business practices that cause harm or potential harm to consumers engaged in online commercial activities.
3. Each Party shall endeavor to adopt non-discriminatory practices in protecting users of electronic commerce from breaches of personal data protection occurring within its jurisdiction.
4. The Parties recognize the importance of cooperation between their respective consumer protection agencies or other competent bodies, in activities related to cross-border electronic commerce, in order to improve consumer welfare, including with a view to the progressive creation of online dispute resolution mechanisms for the protection of consumers and other aspects of consumer relations, to the extent that the legal, material and institutional feasibility exists for their development.
5. The Parties recognize the importance of adopting or maintaining measures to ensure that products marketed through electronic commerce are safe and do not pose a risk to the health and safety of consumers, including through adequate disclosure of precautionary measures for the safe use of these products by consumers.
6. Each Party shall adopt or maintain measures to ensure to customers, prior to the purchase of goods by electronic means, clear and timely information on:
(a) the conditions of delivery of the good or service, including the customs clearance process;
(b) the consequent possibility of delaying the delivery time;
(c) total prices and fees payable, including possible subsequent payments associated with the import;
(d) conditions of withdrawal, applicable legal warranty and conditions, and
(e) the supplier's contact details.
Online Consumer Protection. 1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive business practices when engaged in electronic commerce.
2. Each Party shall adopt or maintain consumer protection laws to prohibit fraudulent and deceptive business practices that cause harm or potential harm to consumers engaged in online commerce.
3. Each Party shall endeavor to adopt non-discriminatory practices in protecting users of electronic commerce from violations of the protection of personal information occurring within its jurisdiction.
4. The Parties recognize the importance of cooperation between their respective consumer protection agencies or other competent bodies, in activities related to cross- border electronic commerce, in order to improve consumer welfare.
