In Belarus, on July 11, changes to the law “On state regulation of trade and public catering” came into force. Many changes have affected online commerce. What has changed for sellers and buyers was told to the Belta agency by Irina Shpak, Deputy Head of the Department for Organization of Trade and Public Catering – Head of the Methodology Department of the Ministry of Antimonopoly Regulation and Trade.
First of all, the declarative principle of entering information into the trade register has been introduced. Now you can start selling after including information in the trade register. The composition of the information provided has been clarified, and cases when data entry is refused have been identified. For example, a trader must first agree on a mandatory list of goods, only after that it will be included in the trade register.
The biggest block of changes concerns online commerce. The law defines the concept of “online store”. If earlier it was possible to call any information resource on the Internet this way, now it is clearly established that this is the website of a trading entity, which allows you to conclude a contract for the sale of goods only with this entity. Accordingly, all resources that sell goods from two or more sellers are not online stores. Corresponding changes have been made to the rules of distance selling.
A definition of the concepts “online platform”, “order pick-up point”, “owner of the online site”, “owner of the order pick-up point” is also given. Requirements have been established for the owners of Internet sites and points of delivery of goods so that they provide the consumer with the timely necessary reliable information.
Buyers must have information about the owner of the online site, about the sellers selling there, and about the goods. In particular, the owners will need to develop rules for the provision of services and post them on the Internet platform. “In a year, so that subjects can prepare, the requirement will come into force that on their Internet resource they provide the ability to place orders electronically, and for consumers to file complaints electronically, so that they can protect their rights after purchasing goods on this Internet platform . And if the owner of an online platform or ordering point changes these rules or intends to cease operations, he must post the relevant information on his website no later than 15 days before the occurrence of this event. So that not only consumers, but also sellers who trade there can prepare for this moment,” noted Irina Shpak.
In addition, the resolution of the Council of Ministers removes a number of restrictions in the field of distance selling. “For example, restrictions on the online sale of dietary supplements have been lifted – any, regardless of whether they contain microelements or not. But at the same time, the seller must have either a retail facility or a warehouse where these goods are sold or stored. The ban on online sales of pyrotechnic products for household use has also been lifted. However, taking into account the specifics of these goods, they can only be sold if the seller has a retail facility and issues them there. They cannot be handed over to the buyer at the point of delivery. The ban on the sale of veterinary drugs has also been lifted; there are no additional requirements. So business interests are also taken into account. The restrictions have been lifted so that our sellers have equal conditions with foreign ones, where such prohibitions were not established,” said the MART representative.
There are also a number of requirements for owners and sellers of online platforms so that persons under a certain age cannot buy unauthorized goods. It is envisaged, for example, to fill out a certain electronic form confirming that the buyer has reached the required age. “And a more significant condition, of course, is that such goods will be issued only to the buyer who has entered into an agreement, after presenting a document confirming age,” added Irina Shpak.
What's next for marketplaces?
Changes in the field of online commerce are primarily aimed at protecting consumer rights. “All over the world, the pace of e-commerce is growing. Without visiting the site, it can be difficult for a buyer to choose a product and then protect his rights. We still have not regulated the requirements for the owners of Internet sites at all. It is now clearly established that information must be communicated to consumers in a timely manner, and the work must be transparent,” the MART representative emphasized.
These measures are being taken not only in Belarus, but also in other EAEU and CIS countries. In addition, a draft agreement on electronic commerce in the Eurasian Economic Union is currently being developed. Consideration is being given to establishing certain consumer information requirements at the international level.
According to Irina Shpak, this is the first stage in regulating the work of marketplaces. An important issue is the distribution of responsibility between the owner of the online site, the seller and the buyer. These standards will be provided for in the law on consumer protection. MART has now prepared a draft amendment to this law. There will be certain measures of responsibility in relation to the owners of Internet sites. As MART emphasizes, it is important that marketplaces inform consumers in a timely manner, provide the opportunity to send complaints and receive an adequate response to them within a reasonable time.
