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Fear of revealing personal information of sellers on online marketplaces

Wednesday, August 4, 2021 06:00 AM (GMT+7)

VECOM believes that the General Department of Taxation needs to publicize measures to protect seller’s personal information and dispute resolution mechanism arising in case of disclosure.

The Vietnam E-commerce Association (VECOM) has just responded to the work of the General Department of Taxation on collecting comments on steps to implement the implementation roadmap of Circular 40/2021/TT-BTC.

Regarding the requirement to provide seller information in the form of monthly reports, VECOM believes that “providing information at the request of tax authorities” must be in accordance with current legal regulations and cannot be construed as providing information and data of the seller in the form of monthly or periodic reports. In addition, this also creates a new administrative procedure for businesses.

“The Tax Administration Law also does not stipulate that relevant organizations and individuals are responsible for reporting the seller’s data monthly or periodically, but only require the provision of information related to the determination of tax obligations under the provisions of the Law on Tax Administration. recommendations of the tax authorities” – VECOM stated.

Fear of revealing personal information of sellers on the online market (Artwork)

The association also said that the Law on Cybersecurity, the Law on Cyberinformation Security, the Law on Protection of Consumer Rights, and Decree 52 on e-commerce all require businesses to protect customer information. Here, the customer is the owner of the booth on the floor – PV) and is only allowed to share it with a third party if it is agreed by the information subject or there is a specific request from the competent authority.

In the context of tax administration, a “specific request” occurs when the tax authority detects that an individual trading on the floor has committed a clear violation or shows signs of violating the tax law.

“The data that the General Department of Taxation wants e-commerce platforms to provide is an information asset of businesses, before collecting data at any scale, the General Department of Taxation needs to publicize measures to protect information. individual sellers and dispute settlement mechanism arising in the event of data leakage may occur from state agencies, causing losses to businesses and individuals trading on the floor” – VECOM proposed .

VECOM believes that before the above-mentioned issues are satisfactorily resolved, it is not possible to provide a feasible information roadmap.


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