Australia: Entry into force of Regional Comprehensive Economic Partnership including Online Consumer Protection (Article 12.7)

On 1 January 2022, the Regional Comprehensive Economic Partnership (RCEP) entered into force for ten original parties: Australia, Brunei Darussalam, Cambodia, China, Japan, Laos, New Zealand, Singapore, Thailand and Vietnam. The RCEP was signed by Australia, Brunei, Cambodia, China, Indonesia, Japan, South Korea, Lao, Malaysia, Myanmar, New Zealand, the Philippines, Singapore, Thailand, and Viet Nam. Chapter 12 of the RCEP regulates Electronic Commerce. In particular, Article 12.7 on Online Consumer Protection requires parties to adopt or maintain laws or regulations to provide protection for electronic commerce consumers against fraudulent and misleading practices that cause them harm or potential harm. Further, the provision requires parties to publish information on the consumer protection it provides to electronic commerce users, including how: (a) consumers can pursue remedies; and (b) business can comply with any legal requirements. Finally, the provision recognises the importance of cooperation between the competent authorities of the parties in order to enhance consumer protection. Cambodia, Lao, and Myanmar are not required to comply with obligations of the Article for a period of five years after the date of entry into force of the RCEP, with an additional three years if necessary. Viet Nam is not required to comply with obligations of the Article for a period of five years after the date of entry into force of the RCEP.