We will conduct irregular secret inspections and spot checks, and the Shanghai Consumer Protection Commission will release compliance guidelines for online ordering. Catering | Consumers | Guidelines
During the "3.15" period this year, the Shanghai Consumer Protection Commission issued a document stating that after conducting undercover investigations on 29 well-known milk tea and fast food restaurants, it was found that some brand mini programs would ask for the consumer's phone number. If the consumer refuses to provide the phone number, some mini programs will not be able to order food.
On July 18th, the Shanghai Online Dining Service Consumer Personal Information Protection Compliance Guidelines were officially released. The "Guidelines" were formulated and released by the Shanghai Municipal Consumer Protection Commission in conjunction with the Shanghai Catering and Cooking Industry Association, and received support and guidance from the Shanghai Cyberspace Administration, the Shanghai Municipal Bureau of Market Regulation, and the Shanghai Municipal Commission of Commerce. Specific compliance requirements and operational guidelines were proposed for catering operators to collect, use, and store consumer personal information in different scenarios of online ordering, in order to effectively improve the level of consumer personal information protection in the catering industry.
According to the Guidelines, when providing online ordering services, catering operators are required to inform consumers of their privacy policies through pop ups or other prominent means upon their first use, and obtain their explicit consent. At the same time, catering operators must strictly collect and use consumer personal information in accordance with their declaration rules. The collected personal information or the permission to collect personal information that can be opened must not exceed the scope of consumer authorization.
The Guidelines emphasize that the collection and use of consumer personal information must be legal, legitimate, necessary, and honest. Catering operators must comply with relevant laws and regulations when collecting and using consumer personal information, and obtain the explicit consent of consumers. They are not allowed to collect personal information unrelated to catering services. At the same time, the catering operator shall not force or induce consumers to pay attention to the operator's WeChat official account in any form and reason, and shall not force or induce consumers to agree the catering operator to collect personal information unrelated to catering services in any form and reason. Pushing commercial marketing information should provide options for unsubscribing or rejecting. Consumers should be guaranteed the right to cancel their accounts and delete personal information, and unnecessary or unreasonable conditions should not be set.
For the recent social concern that consumers who do not use smartphones are unable to scan the QR code to order, the "Guidelines" also require catering operators who provide offline ordering services to prepare paper menus at the same time. The service products provided by paper menus must be consistent with online products.
It is reported that in order to ensure the implementation effect of the Guidelines, the Shanghai Consumer Protection Commission and the Shanghai Catering and Cooking Association will conduct irregular secret inspections and social supervision on the compliance of online ordering services in the catering industry.