The Stages of Public Participation in Decision-Making relevant to E-Commerce System Proposal:
First: Presentation:
The E-Commerce System draft has been prepared, Accepted by Project Management Office at the Deputy Ministry of Policies & Regulations Affairs .
Second: Publishing:
The E-Commerce System draft was launched on
18/1/1441 AH, through the
Ministry’s official e-portal and the social media, also direct SMS was sent to the groups concerned with the rules & regulations, in addition to publishing a news through the Saudi News Agency and other media, including a copy of the said system or regulation and a form for expressing opinions, comments or notes.
Third: Collecting E-Posts:
The following email (EC@mci.gov.sa) had been prepared to receive the feedback about the E-Commerce draft within the specified period.
Total Public Participation in various channels 32
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Fourth: Analyzing the E-Posts:
After the survey deadline ended on 17.10.2019 AD, the officials in charge of this proposal prepared a schedule containing the articles, feedback, notes and suggestions to be studied by the specialists.
Article number
| Article text before polling
| Public opinion
| Amend the article based on electronic Counseling
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Article 5th
| 2. The service provider is obligated to: C. In case the consumer’s personal data is disclosed, the service provider must notify the National Authority for Cyber Security and the consumer within (one day) of the date of his knowledge of that, and he should clarify in his notice the scope of the breach and its effects, and the measures taken for treating that, then he should provide an analytical report, explaining and showing the main reasons for this breach. This notice will not relief the service provider of being exempted from the liability towards the consumer.
| Verifying allegations, or suspicions of a data breach would take a long time to investigate. The time required to ascertain the reasons of the breach, the details of the disclosed data, the location of the breach, its cause, taking the necessary security measures, may take a long or short time, depending on the nature of the breach, its scope and severity. Therefore, extending the notification period will allow the Ministry to obtain more accurate reports. We suggest adopting the best global practices. For example in UK the notification period is 72 hours, which can be increased when justified. In addition to the foregoing, the breaches differ in their nature and scope, which makes the investigation of the breach results, its potential damage, its consequences and the necessary amendments completely different, and sometimes,
it may take 6 months.
| C. If the consumer's personal data is preached, the service provider must notify the consumer and the Ministry, according to the mechanism that it specifies, within (three) days from the date of his knowledge about that. He should give an explanation of the scope of the breach and its effects, and the measures taken to address it. The notice will not relief the service provider from being exempted of his responsibility towards the consumer. T he service provider must adhere to what is issued by the competent authorities in this regard.
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3. If the consumer’s relationship with the e-store is continuous and requires creating an account for him to facilitate future contracts, then the service provider may keep the consumer’s personal data until the consumer requests that this account to be closed. Then the service provider must close the account clearly and easily.
| Taking into consideration adding the following phrase "After the approval of the consumer" | 3. If the consumer’s relationship with the e-store is continuous and requires creating an account for him to facilitate future contracts, then the service provider may keep the consumer’s personal data, after his approval, until the consumer requests that this account to be closed. Then the service provider must close the account clearly and easily. |
Article 11th
| Subject to the provision of paragraph (2) of Article 13th of the law, the consumer is not entitled to cancel the contract in the following cases: A. If the subject of the contract is a product whose prices are subject to fluctuation during the permitted period of revoking the contract.
| This paragraph can be applied to most products traded in the market because of its price fluctuation.
| Subject to the provisions of paragraph (2) of Article 13th of the law, the consumer is not entitled to cancel the contract in the following cases, unless agreed otherwise:
G. If the subject of the contract is a product or service whose price may change during the permitted period of contract revoking, based on a market characterized by continuous price fluctuation that is not controlled by the service provider, such as gold and silver.
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Article 18th
| 1. The mediation platform is committed to the following: B. Publish any amendment about the provided services, and notify the registered users at least a week before its application.
| This text requires the disclosure about any amendment or change in the mediation platform. The users should be notified at least a week before the amendment takes place.
| B. Publishing any essential amendment that occurs to the services provided in the e-store, and notifying the registered users at least a week before its application.
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Fifth: Making and Announcing the Decision:
The amendments on the articles were studied and approved by the Ministry’s officials
19/5/1441 AH, and the said system was published through the
Ministry’s official e-portal and social media, also via the Saudi News Agency and other various media.
Sixth: Closing the Discussion and Archiving:
After announcing the decision, the subject was officially closed and all the relevant documents were archived.