Digital Commerce Operational Guideline 2021 Bangladesh: On the 4th of July in 2021, The Ministry of Commerce issued the Digital Commerce Operation Guidelines, 2021, in accordance with the National Digital Commerce Policy, 2018, (as updated in 2020) with the intention of providing transparency and accountability in the field of digital commerce providing job opportunities, protecting the rights of consumers, and increasing the dependence on digital commerce through setting up a framework for regulation and creating a more marketplace that is competitive and offers an opportunity to entrepreneurs.
The guidelines are applicable to all companies that use digital commerce operating within the country. The guidelines set out specific rules that must be followed by businesses that use digital commerce – they must be providing the specific terms of purchase and return and display the number of products, their ingredient price, price, delivery and other charges, etc. Furthermore, the video, image or picture. of the items to be sold be supplied in order to permit buyers to take an educated purchase.
In addition, The Guidelines affirm certain limitations For instance that no prohibited or addictive substance is allowed to be sold on digital commerce platforms. Also, there is no agreement for online betting or gambling online can be created; and the draw for raffles or lottery draws could be conducted in violation of the provisions in the Penal Code, 1860 and without the permission from Bangladesh Bank. Digital commerce platforms cannot sell health care or medicines products without a valid authorization obtained from the Directorate General of Drug Administration. Certain important issues related to digital transactions have been addressed by the Guidelines.
[ Digital Commerce Operational Guideline 2021 Bangladesh ]
In accordance with the Guidelines that govern digital commerce, platforms must obtain the prior consent of the purchaser prior to collecting any personal information by stating the reason for which the information is being collected, the place it will be kept as well as the manner in which it is processed, and the purpose to which it will be employed. This could be done by adding the wording “check-box” to the website.
There is no digital wallet gift card cash voucher or any other payment alternatives that can be used without the approval from Bangladesh Bank (where applicable) or in contravention of the instructions from Bangladesh Bank. The information related to the business must be kept for a minimum of 6 years and will be available to any government organization upon request.
The delivery timeframe has been clarified as well – in accordance with the Guidelines that goods that are delivered within the same city must be delivered within 5 days when payment is made. If the product is delivered in a different town and is delivered after 10 days. If the goods are of regular use or perishable items and perishable goods, delivery must be earlier and the purchaser is required to be aware of the delay.
The Guidelines also contain guidelines for marketplaces. A marketplace can be described as a website for commerce online which provides information on the products or services offered by a third-party is offered and where transactions are conducted. The marketplace must pay the seller a payment after deducting the commissions or charges that are required within 10 days unless stipulated between the sellers.
Significant addition of an important part of the Guidelines includes a section on complaints and redress mechanisms. Marketplaces are required to provide the appropriate contact numbers, emails or any other method of communication via which customers can make complaints. The complaints filed must be documented and a solution delivered to the consumer within 72-hours. The platforms that sell digital goods are required to implement an appropriate rating and review system to allow buyers to review them as they make their decision and reviews are not deleted on the platforms.
The authority is able to take any appropriate measures or approach authorities in charge of any website that does not adhere to the Guidelines These measures include the cancellation of a trade license and registration of a company VAT registration, etc. Buyers can also file complaints with the Directorate of Consumer Rights Protection to seek redress for any losses arising from the non-compliance.
A further important aspect is that, under the Guidelines, measures are to be taken to ensure that all platforms for digital commerce will eventually be required to obtain a Unique Business Identification Number (UBID). According to the guidelines, all digital commerce platforms that operate operations in Bangladesh are required to register in Bangladesh and have to obtain approvals from the relevant authorities.
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