FIFTY-TWO years ago this week, John Kennedy gave a speech to Congress in which he argued that consumers “are the only important group in the economy who are not effectively organised, whose views are often not heard.” His eloquent plea for their protection led to the United Nations guidelines for consumer protection and to the annual celebration of World Consumer-Rights Day on March 15th.
Nowhere is that day marked with more gusto than in China, where it is known as san yao wu (three one five). Every year on that date, the national broadcaster airs a much-watched programme lauding consumer rights. It is also used as an excuse to bash successful foreign firms—Apple was last year’s main target—for small or imagined transgressions.
This year China will better honour Kennedy’s legacy. The television gala is still due to be broadcast this weekend, and corporate evildoers—internet firms are rumoured to be in the crosshairs this time—will probably be shamed again. But something more important will also happen. On March 15th a new consumer law, the biggest reform in this area in 20 years, comes into force. At face value, it appears to give a big boost to consumer protection. Retailers must take back goods within seven days; in the case of online purchases, consumers do not even have to offer a reason. Consumer data will be protected from misuse, and permission will have to be sought for any commercial use of them. Class-action lawsuits, hitherto rare in China, will become easier to file.
The motivations for the law seem sincere. The government is keen to shift the economy towards consumption-driven growth. Regulations protecting consumers should help, by bolstering their trust in merchants. Max Xin Gu of K&L Gates, a legal firm, also believes the law “is timed to come hand-in-hand with the anti-corruption campaign” launched by President Xi Jinping: both are meant to allow ordinary people to benefit from the rule of law.
James Feldkamp is the founder of Mingjian, a pioneering Chinese website offering independent product reviews (akin to America’s Consumer Reports or Britain’s Which?). He agrees that trust and transparency are key to boosting consumption. However, he worries about how the law will be implemented and enforced. Indeed it may leave consumers ill-protected even as it saddles firms with extra costs and complexity. For example, although parts of the law resemble the EU’s strict rules on data privacy, it has important gaps. Michael Tan of Taylor Wessing, another law firm, notes that it does not grant a “right to be forgotten” (by having firms expunge all record of a former customer). It leaves businesses in the dark on how exactly they can use customer data, and fails to impose on them a duty to ensure their accuracy.
via Consumers in China: The true meaning of san yao wu | The Economist.
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