Shenzhen's new regulations in 2024: Online platforms are prohibited from checking automatic renewal by default

According to news from this site on December 4, this site learned from the official public account of the Shenzhen Municipal Government Service Data Administration that recently, the "Regulations on the Protection of Consumer Rights and Interests in Shenzhen Special Economic Zones" was voted and passed by the Standing Committee of the Municipal People's Congress. It will be officially implemented on January 1 next year. Targeted normative systems and measures have been formulated to address some prominent issues in the consumer field such as big data maturity, induced consumption, and prepayment "runaway". , in order to better protect the legitimate rights and interests of consumers, maintain social and economic order, and promote the healthy development of the socialist market economy.

This site has noticed that in order to solve the problem of inducing and deceiving the elderly to purchase health care products, the "Regulations" specifically stipulate that operators can use door-to-door sales, conference marketing, centralized teaching, health lectures, expert free clinics, free examinations, If health care products or products claiming to have health care functions are promoted to elderly consumers over 60 years old through free trials, free or low-price travel, etc., the elderly consumers have the right to return the products within 7 days from the date of receipt without giving reasons.

The new law strengthens the protection of minors and stipulates that operators shall not provide minors with goods or services that are harmful to the physical and mental health of minors, and shall not publish any advertisements that are harmful to the physical and mental health of minors.

Regarding product reviews for online shopping, the "Regulations" stipulate that

online transaction operators shall not use misleading methods when displaying reviews of goods or services, including placing good reviews in front of others and negative reviews in the back. There is no legal reason to delete or hide reviews, and there is no significant distinction between reviews of different goods or services, etc. Network operators are not allowed to fabricate traffic data such as clicks, views, and attention, nor are they allowed to fabricate transaction interaction data such as likes and rewards.

In response to the issue of automatic renewal,

The "Regulations" require online transaction operators that provide services through automatic extension, automatic renewal, etc. to obtain the consent of consumers and are not allowed to check the box by default or force bundled activation. ; Before consumers activate services, consumers must be informed of the service content, the amount and method of deductions, and other information in a conspicuous manner and in clear and easy-to-understand language; during the service period, consumers must be provided with simple and convenient information at any time. Ways to cancel or change services; 5 days before automatic extension, automatic renewal, etc., consumers must be notified of service content, deduction amount and other matters through effective means such as phone calls, text messages, instant messaging tools, emails, push messages, etc.

In order to solve the problems of blind box information opacity and exaggerated publicity, the "Regulations" require blind box and other random sales operators to disclose important information such as the drawing rules, distribution of goods or services, quantity provided, and probability of drawing in an obvious way. information. Operators must be consistent with the public information when placing it on the actual market, and are prohibited from tampering with the extraction probability or changing the extraction results. At the same time, random sales operators are encouraged to safeguard the legitimate rights and interests of consumers by establishing minimum guarantee mechanisms and other measures.

In response to the problems existing in prepaid consumption, the "Regulations" combined with the actual conditions of Shenzhen City require the strengthening of the management of advance collection contracts, clarifying Operators shall agree with consumers on the specific matters of advance collection contracts. If there is no agreement or the agreement is unclear, an explanation will be made in favor of consumers. Operators are required to publish notices 15 days before terminating operations, going out of business, or changing the business premises where they directly provide goods or services, and inform consumers through effective means such as phone calls, text messages, etc., otherwise they will be punished.

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