Legislative Notice on Enforcement Decree and Rules
Strict Measures Against Secret Paid Conversion and Withdrawal Obstruction
Kang Ki-jung, Chairman of the Fair Trade Commission, is attending the 'Stop Deceptive Marketing!' Online Dark Pattern Eradication Policy Party-Government Meeting held at the National Assembly on the 21st. Photo by Hyunmin Kim kimhyun81@
In the future, when subscription payment amounts increase in e-commerce, consumers must be notified at least 30 days in advance and obtain their consent. Repeatedly prompting consumers through pop-up windows to change already selected options is also prohibited.
On the 18th, the Korea Fair Trade Commission announced the legislative notice of the "Amendment to the Enforcement Decree and Enforcement Rules of the Electronic Commerce Act" from that day until July 27. This is a follow-up measure to the amended Electronic Commerce Act established in February to regulate online dark patterns (tactics that induce consumer misunderstanding, mistakes, or irrational spending).
The previously amended Electronic Commerce Act requires obtaining consumer consent within a certain period when subscription payment amounts increase or convert to paid subscriptions, to prevent damages caused by consumers not properly recognizing these changes.
The amendment to the enforcement decree stipulates that the prior consent and notification period is 30 days for subscription payment increases and 14 days for conversion to paid subscriptions.
Additionally, to prevent consumers from being repeatedly asked to change selections or decisions made for more than 7 days, "repetitive interference" through pop-up windows is prohibited once a choice has been made.
Standards for sanctions such as business suspension for violations related to dark patterns have also been established: a 3-month suspension for the first violation, 6 months for the second, and 12 months for the third.
The amended Electronic Commerce Act allows for corrective measures and fines up to 5 million KRW for businesses violating online dark pattern regulations, and in certain cases, business suspension for up to one year (or fines) can be imposed.
The Fair Trade Commission stated, "After fully collecting opinions from stakeholders and related ministries during the legislative notice period, we plan to complete the amendment in the second half of the year following the review by the Ministry of Government Legislation and related legislative procedures."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
