Definition of Data

n/a

Main Focus of Document

Guidelines for businesses and consumers for e-transactions

Target Beneficiaries or Sector

consumers, businesses

Key Elements

A guide to all businesses and consumers buying and selling goods and services or transmitting funds or data over an electronic network - primarily the internet. The intention is to protect the interests of consumers and to ensure positive trade practices.

Notable details include:
3.0 Functions of the Fiji Commerce Commission 
 3.1 The Commission is the custodian of the CCA2010. The Compliance and Fair Trade Department of the Commission administers the sections relating to fair trade and the protection of consumers against unfair trade practices. The Commission’s role in relation to fair trade and consumer protection includes the following activities under Section 15 of the CCA2010: 
 i. Providing information about the laws affecting consumers and those negotiating on behalf of consumers and landlords; 
ii. Promoting the interests of consumers and persons negotiating or considering the acquisition of goods or services as consumers, and to assisting them to raise awareness of assessment processes for the use of goods or services; 
iii. Handling complaints about possible breaches of the legislation; 
iv. Collecting, examining and disseminating information in respect of matters affecting or likely to affect the interests of consumers and goods and services providers; 
v. Investigating fraudulent or deceptive practices in relation to the Decree; 
vi. Providing mediation services to help resolve disputes; and 
vii. Monitoring the marketplace to detect unfair practices. 
3.2 In view of mandatory functions conferred under Section 15, the Commission is obligated to take charge of issues related to this new mode of trade and commerce that affect businesses and consumers in Fiji. 
 
6.0 Guiding Principles 
Consumers should be provided with clear and sufficient information to make an informed choice about whether and how to make a purchase. 
6.1 Information Provision 
6.1.1 Information should be provided in a form that is clear and understandable to the consumer. Businesses should: 
 a) Avoid using jargon and legalese, and use plain language whenever possible; b) provide information in a form and manner that allows the consumer to keep the information for future reference; and c) clearly distinguish the terms and conditions of sale from marketing and promotional material or messages. 
 6.1.2 Information required by these principles should be “prominently disclosed.” 
 6.1.3 The following information should be provided to anyone accessing a vendor’s Web site: 
a) Business identity, location and any accreditation 
• Businesses legal identity, business name, full street address and telephone number (sufficient to enable consumers to verify the vendor’s legitimacy); 
• An electronic method of verifying any accreditation claims; 
b) Any geographic limitations on where a product or service is for sale; 
c) Fair and accurate descriptions of products or services for sale;
d) Level of privacy protection (in accordance with Principle 3: Privacy) 
• “personal information” that is being collected and for what purposes; 
• Businesses privacy policy; 
e) Security mechanisms available to consumers to protect the integrity and confidentiality of the information being exchanged; 
f) Complaint procedure 
• How, where and by whom complaints will be handled; 
• Any third-party dispute resolution mechanisms to which the business subscribes, including contact information and any cost; 
g) Types of payment that will be accepted, and the implications of each in terms of any extra charges or discounts applied by the business. 
 6.1.4  Businesses should disclose all terms and conditions of sale to consumers prior to the conclusion of any “sales transaction.” These include: 
a) The full price to the consumer, including the currency and any shipping charges, taxes, customs duties and customs broker fees and any other charges (when unsure of the amount of any potentially applicable charges, businesses must disclose to consumers the fact that such charges may apply); 
b) Delivery arrangements, including timing, cost and method of delivery; 
c) Any geographic limitations on where a product or service is for sale; 
d) Cancellation, return and exchange policies, warranties if applicable, and any associated costs. All the terms and conditions of sale should be available in one place. 
 6.1.5 Businesses should provide consumers with their own record of the transaction, including key details, as soon as possible after the transaction has been completed. In a sales transaction, consumers should be able to obtain their own record of the completed transaction as proof of purchase and a printable record of the terms and conditions of the contract. 
 6.1.6 Where there is a delay between the purchase and delivery of goods, or tickets for the use of a service (for example, airline or theatre tickets), vendors should provide the information set out below to consumers at the time of delivery: 
a) Cancellation, return and exchange policies, warranties if applicable, and any associated costs;
b) Contact information in the event of a complaint; 
c) Payment arrangements, including any vendor credit terms; 
d) Applicable safety warnings and care instructions. 
6.2 Contract Information Businesses should take reasonable steps to ensure that the consumer’s agreement to contract is fully informed and intentional. 
6.2.1 Businesses should take reasonable steps to ensure that consumers are aware of their rights and obligations under the proposed contract before they agree to the contract or provide payment information. 
6.2.2 Businesses should make clear what constitutes an offer, and what constitutes acceptance of an offer, in the context of electronic sales transactions. 
a) Businesses should employ a multistep confirmation process that requires consumers to, specifically and separately, confirm the following: 
• Their interest in buying; 
• The full price, terms and conditions, details of the order, and method of payment; 
• Their agreement to purchase. 
b) If an appropriate multistep confirmation process, such as that set out above, is not used, businesses should allow consumers a reasonable period within which to cancel the contract. 
 6.3 Privacy Businesses and intermediaries should respect the privacy principles that are set out in Protection of Personal Information. 
 These 10 principles form the basis of, Protection of Personal Information. 
 6.3.1 Accountability: An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization’s compliance with the following principles. 
 6.3.2 Identifying Purposes: The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected. 
 6.3.3 Consent: The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except when inappropriate. 
 6.3.4 Limiting Collection: The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.
 6.3.5 Limiting Use, Disclosure and Retention: Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes. 
 6.3.6 Accuracy: Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. 
 6.3.7 Safeguards: Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. 
6.6 Liability: Consumers should be protected from unreasonable liability for payments in transactions. 
 6.6.1 Consumers should not be held liable for amounts billed to them for “unauthorized transactions.” Businesses should promptly refund consumer payments for unauthorized transactions or sales transactions in which consumers did not receive what they paid for. 
 6.6.2 Credit card issuers should make reasonable efforts to help consumers resolve complaints with vendors in the event of non-delivery or unauthorized transactions. 
 6.6.3 In inadvertent sales transactions in which consumers acted reasonably, the businesses should allow the consumer a reasonable period of time to cancel the transaction once the consumer has become aware of it. 
 6.6.4 When a consumer disputes a sales transaction in which the business has failed to provide relevant information, the business should refund payment provided that the consumer returns the good or declines the service within a reasonable period of time. 
 6.7 Unsolicited commercial e-mail 
 6.7.1 Businesses should not transmit commercial e-mail without the consent of consumers, or unless a vendor has an existing relationship with a consumer.  

Policy/Regulation Mirrors

n/a