Adding a data security 'shield' in the draft Law on E-commerce

(Chinhphu.vn) - Ms. Le Hoang Oanh, Director of the Department of E-commerce and Digital Economy, said that the draft Law on E-commerce has incorporated the opinions of the Ministry of Public Security, adding regulations to ensure data security in e-commerce activities, especially for large digital platforms.

The meeting of the Drafting Group of the Law on E-commerce organized by the Ministry of Industry and Trade on the morning of October 7 - Photo: Industry and Trade Newspaper

On October 7, at the meeting of the Drafting Group of the Law on E-commerce organized by the Ministry of Industry and Trade, reporting on the completion of the draft Law, Ms. Le Hoang Oanh said that the Ministry of Industry and Trade has regularly sought opinions and coordinated with relevant units to ensure that the draft Law is both closely following reality and meeting the State's management requirements in the context of rapid e-commerce development.

Regarding the scope of regulation, the Ministry has accepted the opinions of the State Bank and the Banking Association, clearly stipulating in Article 4: Activities in the fields of banking, payment intermediary and securities are excluded from the scope of regulation of the Law, and are implemented in accordance with the provisions of specialized laws.

Regarding contract conclusion and transaction conditions, the draft Law is reviewed to ensure consistency with the 2023 Law on Electronic Transactions, avoiding overlap. The chapter name is adjusted to "Conditions for transactions on e-commerce platforms", accurately reflecting the nature and scope of regulation.

In addition, regarding the responsibilities of e-commerce platforms, the draft Law has clearly differentiated between intermediary platforms and direct business platforms; in which, platforms with online ordering functions or large-scale will have higher responsibilities in protecting consumers and preventing tax losses. The regulations also require the provision of full and transparent information on goods, services and business conditions.

Regarding social networks with e-commerce activities, the draft Law has clarified the scope of regulation, only applying to platforms with online ordering functions. Regarding livestream activities, the draft Law only regulates cases related to actual sales activities, ensuring no overlap with the Advertising Law.

Regarding the affiliate marketing model, the draft Law clearly states the responsibilities between service providers, sellers and affiliates, to ensure a transparent and safe e-commerce environment.

Regarding business locations, the separate regulations have been removed, only requiring sellers to publicly disclose their business registration names and addresses. The draft law has also been adjusted in the direction of reforming administrative procedures, distinguishing between platforms that only notify and platforms that must register, in line with the policy of cutting down procedures and promoting digital transformation.

Notably, the draft Law has added policies to support small enterprises, business households and creative startups, stipulating exemption and reduction of some responsibilities in the first 5 years from the date of establishment, and at the same time studying more preferential mechanisms on tax and credit.

Regarding cybersecurity and data security, the draft Law has incorporated comments from the Ministry of Public Security , adding regulations to ensure data security in e-commerce activities, especially for large digital platforms.

It is expected that this week, the Ministry of Industry and Trade will complete all documents to report to the Government, before submitting them to the National Assembly at the upcoming 10th Session.

Chairing the meeting, Deputy Minister Nguyen Sinh Nhat Tan noted that the draft Law needs to clarify regulations related to advertising, providing information on goods, tax obligations and data management in the digital environment, in order to ensure transparency and responsibility of the participating parties. Along with that is the clear determination of state management responsibilities between ministries and branches, ensuring the spirit of innovation in law-making, in the direction of decentralization, decentralization, shifting from pre-inspection to post-inspection and continuing to simplify administrative procedures.

The Draft Law on E-commerce consists of 7 chapters and 55 articles, clearly defining the rights and responsibilities of entities such as e-merchants, online business individuals, e-commerce platforms, support units (logistics, payment, advertising), and foreign organizations and enterprises with cross-border activities in Vietnam.

The draft Law clearly states 10 groups of prohibited acts, including illegal capital mobilization through e-commerce platforms, customer fraud, trading in prohibited goods, manipulating consumer reviews, or forcing registration through unqualified exclusive platforms.

Anh Tho

Source: https://baochinhphu.vn/bo-sung-la-chan-an-toan-du-lieu-trong-du-thao-luat-thuong-mai-dien-tu-102251007132618809.htm