Page 429 - Regional Comprehensive Economic Partnership (RCEP)

measures for electronic commerce as well as other measures 3. Each Party shall publish information on the personal information
conducive to the development of consumer confidence. protection it provides to users of electronic commerce, including
how:
2. Each Party shall adopt or maintain laws or regulations to provide
protection for consumers using electronic commerce against (a) individuals can pursue remedies; and
fraudulent and misleading practices that cause harm or potential
harm to such consumers. (b) business can comply with any legal requirements.
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3. The Parties recognise the importance of cooperation between 4. The Parties shall encourage juridical persons to publish, including
their respective competent authorities in charge of consumer on the internet, their policies and procedures related to the
protection on activities related to electronic commerce in order to protection of personal information.
enhance consumer protection.
5. The Parties shall cooperate, to the extent possible, for the
4. Each Party shall publish information on the consumer protection protection of personal information transferred from a Party.
it provides to users of electronic commerce, including how:

(a) consumers can pursue remedies; and Article 12.9: Unsolicited Commercial Electronic Messages

(b) business can comply with any legal requirements. 1. Each Party shall adopt or maintain measures regarding
unsolicited commercial electronic messages that:

Article 12.8: Online Personal Information Protection (a) require suppliers of unsolicited commercial electronic
messages to facilitate the ability of recipients to stop
1. Each Party shall adopt or maintain a legal framework which receiving such messages;
ensures the protection of personal information of the users of
electronic commerce. 7, 8 (b) require the consent, as specified according to its laws and
regulations, of recipients to receive commercial electronic
2. In the development of its legal framework for the protection of messages; or
personal information, each Party shall take into account
international standards, principles, guidelines, and criteria of (c) otherwise provide for the minimisation of unsolicited
relevant international organisations or bodies. commercial electronic messages.

2. Each Party shall provide recourse against suppliers of unsolicited
commercial electronic messages who do not comply with its
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measures implemented pursuant to paragraph 1.
6 Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for a
period of five years after the date of entry into force of this Agreement. 3. The Parties shall endeavour to cooperate in appropriate cases of
mutual concern regarding the regulation of unsolicited
7 Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for a commercial electronic messages.
period of five years after the date of entry into force of this Agreement.

8 For greater certainty, a Party may comply with the obligation under this paragraph by
adopting or maintaining measures such as comprehensive privacy or personal
information protection laws and regulations, sector-specific laws and regulations 9 Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for a
covering the protection of personal information, or laws and regulations that provide for period of five years after the date of entry into force of this Agreement. Brunei
the enforcement of contractual obligations assumed by juridical persons relating to the Darussalam shall not be obliged to apply this paragraph for a period of three years after
protection of personal information. the date of entry into force of this Agreement.

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