Regulations for Enforcement of the Act on the Protection of Consumers Who Use Digital Platforms for Shopping(Cabinet Office Order No. 9 of 2022)
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Regulations for Enforcement of the Act on the Protection of Consumers Who Use Digital Platforms for Shopping
Cabinet Office Order No. 9 of February 24, 2022
Pursuant to the provisions of Article 3, paragraph (2), Article 4, paragraph (1), item (i), Article 5, paragraphs (1) and (2), Article 7, paragraph (3) and Article 12 of the Act on the Protection of Consumers Who Use Digital Platforms for Shopping (Act No. 32 of 2021), the Regulations for Enforcement of the Act on the Protection of Consumers Who Use Digital Platforms for Shopping are provided as follows.
(Disclosure of Measures Taken by Digital Platform Providers)
Article 1The disclosure of particulars under Article 3, paragraph (2) of the Act on the Protection of Consumers Who Use Digital Platforms for Shopping (hereinafter referred to as the "Act") is made according to the following items; in this case, any content of the disclosure that is not prepared in the Japanese language is accompanied by a Japanese translation:
(i)the particulars are to be displayed so that consumers can easily inspect them at any time on the computer screens used by consumers;
(ii)the particulars are to be described in language that is clear and easy-to-understand for consumers.
(Particulars Disclosed by Digital Platform Providers)
Article 2The particulars specified by Cabinet Office Order as prescribed in Article 3, paragraph (2) of the Act are as follows:
(i)outlines of the measures taken by digital platform providers under Article 3, paragraph (1) of the Act;
(ii)status of the implementation of the measures referred to in the preceding item;
(iii)if applicable, the overview and status of any other measures that the digital platform provider has taken in addition to those referred to in item (i) for protecting consumers who use the digital platform for shopping.
(Important Particulars on the Performance of Products and Content of Specified Rights or Services)
Article 3The important particulars specified by Cabinet Office Order as prescribed in Article 4, paragraph (1), item (i) of the Act are as follows:
(i)particulars contributing to determining the safety of products or services;
(ii)involvement of the national and local governments, any well-known corporations, or other organizations or famous individuals in the product, specified right or service, seller or equivalent person, or business conducted by the seller or equivalent person;
(iii)origin or place of manufacture, trademark, or name of manufacturer of the product;
(iv)particulars to prove the permit, license, qualification, registration, or experience regarding the sale of the product or specified right or provision of the services;
(v)any particulars other than those set forth in the preceding items concerning the performance of products or content of the specified rights or services that would usually affect consumers' decision-making on whether they should conduct mail-order sales transactions using digital platforms for shopping.
(Amount Specified by Cabinet Office Order)
Article 4The amount specified by Cabinet Office Order as prescribed in Article 5, paragraph (1) of the Act is ten thousand yen.
(Information on the Seller or Equivalent Person Specified by Cabinet Office Order)
Article 5The information on the seller or equivalent person specified by Cabinet Office Order as prescribed in Article 5, paragraph (1) of the Act is as follows.
(i)the name of the seller or equivalent person (or in the case of a corporation or any other organization, its name and the name of its representative);
(ii)the address of the seller or equivalent person;
(iii)the telephone number of the seller or equivalent person;
(iv)the facsimile number of the seller or equivalent person;
(v)the electronic mail address (meaning the electronic mail address prescribed in Article 2, item (iii) of the Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of 2002)) of the seller or equivalent person;
(vi)the corporation number (meaning the corporation number prescribed in Article 2, paragraph (15) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)) if the seller or equivalent person is a corporation.
(Means for Requesting the Disclosure of Seller's or Equivalent Person's Information)
Article 6The submission or provision under Article 5, paragraph (2) of the Act is carried out by postal mail or correspondence delivery (meaning correspondence delivery prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) of the Act by a general correspondence delivery operator prescribed in paragraph (6) of that Article or by a specified correspondence delivery operator prescribed in paragraph (9) of that Article) in the case of submitting documents, or by electronic or magnetic means as set forth in either of the following items in the case of providing electronic or magnetic records (meaning records used in computerized information processing which are created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; hereinafter the same applies in Article 8, paragraph (1)):
(i)by means of transmitting the records through a telecommunications line that connects the computer used by the consumer with the computer used by the digital platform provider and recording them in a file stored on the computer used by the recipient;
(ii)by means of making the content of information that is recorded in a file stored on the computer used by the consumer available to a digital platform provider for inspection through a telecommunications line and recording the information in a file stored on the computer used by the digital platform provider.
(When the Public-Private Council May Request Cooperation)
Article 7The case specified by Cabinet Office Order as prescribed in Article 7, paragraph (3) of the Act is a case in which a member of the public-private council for digital platforms for shopping makes a request regarding the efforts made by other members for protecting consumers who use digital platforms for shopping.
(Means for Reporting)
Article 8(1)A person that intends to make a report to the Prime Minister pursuant to the provisions of Article 10, paragraph (1) of the Act is to submit a document including or provide an electronic or magnetic record containing the following particulars:
(i)the name, address and telephone number of the reporter;
(ii)the name of the digital platform for shopping subject to the report;
(iii)the outline of the report;
(iv)other particulars used as reference.
(2)A report submitted pursuant to the provisions of the preceding paragraph is based on the appended form.
Supplementary Provisions
This Cabinet Office Order comes into effect as of the date on which the Act on the Protection of Consumers Who Use Digital Platforms for Shopping comes into effect (May 1, 2022).