New Law Governing Platform Service Providers
On 1 June 2022, the Cabinet has in principle acknowledged the law governed and controlled the platform service providers.
Keys issues of this law are as follows:
- The platform service providers who will be required to follow this law are the intermediary service providers, hosting service providers, online platform providers, very large online platform providers and gatekeeping platform providers. The service providers who will be excluded from this law will be such as the service providers who have transactions not more than 10,000 transactions per day, service providers who provide the services for limited groups of service users (services provided in internal organizations) and service providers who provide the services for only goods or services that they are the distributors or manufacturers.
- Such service providers will need to follow the provisions of this law such as disclosing of transparent report and having system for users to contact with while having problem in using the platforms.
- Such service providers (except intermediary service providers) will need to have methods or systems for notifying of any infringement or using data illegally including removal or block accession to illegal data.
- Online platform providers and very large online platform providers will have duty to indicate measures to prevent infringement and damage on platform both on the parts of service providers and service users and the law also indicates liability in case of neglect in performing their duty causing infringement to be occurred.
- Very large online platform providers will have the duty to appoint an outside specialist to assess risk of system and other risks which may be occurred while using platform as well as disclosing of result of testing of system and factors and grounds leading to offers for services to service users.
- There is an accreditation of trusted whistle blower system governed by the relevant authority (i.e. Electronic Transactions Development Agency : ETDA). The authority will need to make and update the list of such whistle blower from time to time.
- The agreement between the service providers and service users will need to be complied with those prescribed by the relevant authority otherwise it will be void.
- The Trade Competition Committee will be the authority to indicate and announce the list of gatekeeping platform service providers.