Legal Q&A
Q
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I run an online trading platform, and it is designed so that consumers place products in the shopping cart and move directly to the payment stage. I heard that the offer confirmation procedure is mandatory under the Electronic Commerce Act, and I am curious about whether our system also needs to provide a separate offer confirmation screen or procedure. Or is the current structure acceptable?
Electronic Commerce Act
Answer
Published:
Author : Kuk Il KIM
The Electronic Commerce Act requires that an "offer confirmation procedure" necessarily be gone through so that consumers can transact safely without mistakes.
This is a mechanism that guarantees consumers the opportunity, before payment, to fully check the order details and, if necessary, to correct·cancel them.
Specifically, according to Article 14 of the Electronic Commerce Act, a business must provide a procedure by which the consumer can check the order details both before and after making an offer (order).
In addition, after an offer is received, a receipt confirmation notice (such as an order receipt notification email·screen) must be provided promptly.
In particular, at the stage immediately before payment, the main order details such as the product name, quantity, amount, and delivery address must be displayed once again, and a procedure is needed by which the consumer presses a "final confirmation" button.
Therefore, a structure in which, as at present, payment proceeds immediately as soon as the consumer presses the order button is highly likely to fail to meet the legal requirements.
If payment is made immediately without an offer confirmation procedure, a consumer may enter into a disadvantageous contract without recognizing an order mistake, so in the event of a dispute the business may be placed in an unfavorable position.
For safe operation, it appears desirable to improve the system so that a confirmation page is necessarily gone through before payment.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

SangSu JO
T. 070-5117-3709
Experience as Deputy Chief Prosecutor at the Suncheon Branch of the Gwangju District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drunk-driving Traffic/School Violence
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