1. Reason for revision
As the Act on the Consumer Protection in Electronic Commerce has been revised to regulate deceptive online commercial practices (a.k.a. “dark patterns”), the proposed amendments are intended to provide the matters necessary for implementation of the Act (February 14, 2025) and to specify the matters delegated to the Enforcement Decree, while reflecting the recommendations of the Personal Information Protection Commission regarding improvements to be made in connection with the protection of personal information.
2. Main contents
a. Detailed specific provision on prior consent and notification period for increases in regular payment amounts or conversion to paid service (Article 20-2 of the draft).
1) It stipulates that online sellers or telecommunications vendors must obtain the consumer's consent within 30 days in the case of an increase in regular payment amounts and 14 days in the case of conversion to a paid service, and notify the consumer of how to cancel the increase or conversion before the subscription fee is increased or converted to a fee.
b. Specification of the minimum period in which repeated requests are not allowed (Article 27-2 of the draft).
1) It is excluded from repeated interference if the consumer is presented with the option of not being asked again for more than 7 days to change a choice or decision that he or she has already made.
c. Provision on the criteria for suspensions of business and imposition of fines for violations related to dark patterns (Appendix 1 and Appendix 3 of the draft).
1) It establishes dark pattern-related violations to the types of behavior subject to suspension of business and imposition of fines and the introduction of standards for business suspension periods and the imposition of fines based on the number of violations.
d. Provision of the grounds for delegating the procedure for disclosing shopping malls about which complaints are frequently filed (Article 30 (3) of the draft).
1) It provides the grounds for delegating to the Ministerial Notice the specific methods of disclosure, procedures, etc. of the system for disclosing shopping malls about which complaints are frequently filed.
