Strengthening consumer protection in the e-commerce era

The Consumer Protection Law 2023 has only recently entered into force, but in the face of rapid transformations in online shopping modalities, the 2026 Draft Amendment continues to introduce provisions aimed at strengthening consumer protection against the swift evolution of online shopping formats, with particular emphasis on the responsibilities of newly emerging entities in the digital environment — namely, influencers (KOL/KOC).

1. Legal Definition of “Influencer” (KOL/KOC)

For the first time, the concept of “Influencer” is specifically defined in legislation. Pursuant to Clause 1 of Article 4 of the Draft, an influencer means an expert, a person of prestige, or a person who receives public attention in a specific field, industry, or profession.

The legislative codification of this definition serves as the foundation for imposing legal liability upon advertising and product “review” activities conducted on social media platforms such as TikTok, Facebook, or YouTube. Influencers are now subject not only to ethical responsibilities but also to legal liability if the information they provide causes damage to consumers. This contributes to creating a more transparent and trustworthy online advertising environment.

2. Personal Information Protection: A Clearer “Right to Refuse”

The Draft emphasizes the obligation of business organizations and individuals to establish clear methods enabling consumers to select the purposes and scope of information collection.

“2. Business organizations and individuals must establish clear methods for consumers to select the purposes and scope of collection and use of information they consent to provide, and to express their consent or refusal…”

This provision aims to put an end to the practice whereby applications automatically default to “consent,” granting access to contacts, location, or using personal information for advertising purposes without the user’s knowledge or without providing a clear option to refuse. This represents a significant advancement in protecting consumer privacy and personal data control in the digital age.

3. Dispute Resolution Mechanism: Prioritizing Negotiation and State Support

An important change under Articles 56 and 57 of the Draft is the enhanced role of local state management authorities in supporting negotiation between consumers and enterprises. This is intended to accelerate dispute resolution and reduce the burden on the court system, through a mechanism structured as follows:

• If an enterprise fails to respond to a consumer’s request for negotiation or refuses without a plausible reason, the consumer has the right to request assistance from the management authority.
• The time limit for an enterprise to conduct negotiation is shortened to 07 working days from the date of receipt of the request, replacing the previously longer period.

The new negotiation support procedure is established through the following clear steps:

4. Public Interest Litigation: A New Step in Justice

The Draft also clarifies the mechanism for handling compensation in civil cases initiated by social organizations for public interest protection. Under Clause 2 of Article 73 of the Draft, where the specific beneficiary cannot be identified, such funds shall be used for activities serving the common interests of consumer rights protection, under the management of state authorities.

This ensures deterrence against widespread violations where the damage to each individual consumer is small, while encouraging social organizations to actively participate in consumer rights protection.

5. Overall Impact and Recommendations

During this transitional period, LS Law Firm recommends:

• For KOLs/KOCs: Verify product information carefully before promotion and be transparent about commercial cooperation relationships to avoid legal risks. This is not merely legal compliance but also the foundation for long-term personal credibility.
• For enterprises: Prepare online complaint reception and resolution systems to operate smoothly in order to meet the new 07-day deadline.
• For consumers: Proactively learn about their rights, clearly express consent or refusal regarding the collection of personal information, and utilize the right to request state support when negotiation with enterprises is stalled.

Consumer protection is not merely a legal obligation but also the foundation for sustainable enterprise development. LS Law Firm is committed to providing optimal legal solutions to protect both enterprises and consumers in the new business environment.

LS LAW FIRM

Reference: Draft Law amending and supplementing several articles of the Law on Commerce, the Law on Competition, the Law on Foreign Trade Management, and the Law on Protection of Consumer Rights (2026).