Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizens for the delivery of clues about the past. CTOnews.com news on July 18, according to the Shanghai Consumer Protection Commission Wechat official account, the Shanghai Consumer Protection Commission and the Municipal Catering and Cooking Industry Association formulated and issued the Shanghai online ordering Service consumers' personal Information Protection Compliance guidelines (hereinafter referred to as the guidelines), which will come into effect on July 18, 2023. The guidelines are supported by the Shanghai Municipal Internet Information Office, the Shanghai Municipal Market Regulatory Bureau and the Municipal Commerce Commission.

The guidelines put forward specific compliance requirements and operating guidelines for catering operators to collect, use and keep consumer personal information under different scenarios of online ordering, in order to effectively improve the level of protection of consumer personal information in the catering industry.

According to the guidelines, when conducting online ordering services, catering operators are required to remind consumers of privacy policies in pop-up windows or other significant ways when they use them for the first time, and obtain the explicit consent of consumers.

At the same time, catering operators are also required to collect and use consumer personal information in strict accordance with its declaration rules, and the authority to collect personal information or open personal information shall not exceed the scope of consumer authorization.

The guidelines highlight several key points as follows:

The collection and use of consumers' personal information must be legal, legitimate, necessary and honest. The guidelines require catering operators to abide by relevant laws and regulations and obtain the clear consent of consumers when collecting and using consumers' personal information.

Distinguish the appropriate permissions and information according to the consumption scenario. The guidelines require catering operators to reasonably request corresponding permissions and information according to different consumption scenarios such as consumers logging in, ordering, taking numbers, adding dishes, checkout, and so on, and shall not collect personal information that has nothing to do with catering services.

Consumers shall not be forced or induced to follow official accounts or push commercial marketing messages. The guidelines require catering operators not to compel or induce consumers to follow their official Wechat accounts in any form or reason, and shall not compel or induce consumers to agree to catering operators to collect their personal information that is not related to catering services in any form or reason. The option of unsubscribing or rejecting a commercial marketing message should be provided.

To ensure that consumers can cancel their accounts and delete personal information according to their wishes. The guidelines emphasize that catering operators should ensure that consumers can cancel their accounts and delete personal information according to their wishes, and shall not set unnecessary or unreasonable conditions.

For the problem that consumers who do not use smartphones are unable to scan the code to order, the guidelines require catering operators who provide offline online ordering services to prepare paper menus at the same time, and the service products provided by paper menus must be consistent with online products.

CTOnews.com previously reported that on February 22, 2022, the first "Code guidelines for scanning order in the Catering Industry" in Shanghai was officially released to guide operators to regulate related behaviors.

The guidelines make it clear that catering service operators should follow the principles of legality, legitimacy and necessity in collecting consumer information, and should be limited to the minimum scope for achieving the purpose of processing when providing scanning and ordering services. consumers shall not be forced to register or authorize personal information such as mobile phone numbers and WeChat accounts, and shall not excessively collect consumer information.

In addition, catering service operators who attract consumers to register or authorize by means of discounts or concessions shall obtain the consent of consumers separately and shall not be bundled with the code-scanning ordering service. If consumers' personal information is shared among the stores in the chain catering service industry, they shall inform the consumers of the scope of sharing and clearly obtain the consent of the consumers.

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