일본에서의 디지털플랫폼의 투명화와 소비자보호

Abstract

Aiming to improve the transparency and fairness of digital platforms, the Act on Improving Transparency and Fairness of Digital Platforms (TFDPA) was established on May 27, 2020, promulgated on June 3, 2020, and enforced on February 1, 2021. The Act stipulates necessary measures for digital platforms, including requirements of digital platform providers to disclose terms and conditions and other information, secure fairness in operating digital platforms, submit a yearly report on the current situation of business operation, and conduct self-assessments. The Act also requires the METI Minister to review the business operation of the platform based on the yearly report and other information with involvement of business users, consumers and academics, and to publish the results of the assessment. In addition, the Act requires the government to encourage digital platform providers and their customers to facilitate mutual understanding on the basis of such digital platform providers making voluntary and proactive efforts with minimally necessary commitments by the government. Aiming to promote the adequacy of transactions related to mail-order sales and the resolution of disputes using the transaction digital platform, the Act on the Protection of Consumers Who Use Digital Platforms for Shopping (PCDPA) was established on April 28, 2021, promulgated on May 10, 2021, and enforced on May 1, 2022. The Act obliges digital platform providers to ease communications between sellers and buyers on their platforms, initiate investigations if complaints are made and do identity checks of sellers as necessary. Listings of unsafe products must be removed if the seller is difficult to identify. Further, consumers have the right to request seller information when it comes to making claims for damages against sellers. The Act also holds that a public-private council of national government agencies and digital platforms is to be established in order to discuss issues arising in the area of digital platforms. The council must also establish a reporting system, where consumers can report risks to the Consumer Affairs Agency and request that appropriate measures are taken in response.