A website provider shall be held liable for the information it provides online if that information is found to be false. The website provider can avoid such liability if it can prove that its system is user generated. To exclude liability, the website provider should inform users that they are accessing a user-generated platform and that the users shall be liable for any information they provide online. For practical purposes, the website provider can simply provide a standard agreement form that sets out that users shall be responsible for any information they provide online.
There is no specific requirement for the provider to post any notice in this regard, expect in the event of data breach or failure to protect the confidentiality of personal data. The electronic system provider must provide a notification to the data subject with the reason or cause of the failure to protect the confidentiality of the personal data. The notification may be sent electronically if the data subject approved such electronic notification during the acquisition and collection of their personal data. The electronic system provider must ensure that the notification has been received by the data subject if the data breach has the potential to cause loss to the relevant data subject. The electronically transmitted notification must be sent to the data subject no later than 14 days after the identification of the breach.
In addition, although there is no legal requirement to notify the government of such a data breach, the Ministry of Communication and Information has verbally stated on multiple occasions that it expects an electronic system provider to notify it of any data breach, but that failing to do so will not result in any sanction.
A database should be fully controlled by the website provider. One of the obligations of a website agent provider is to confirm the control over authorization and access rights to the database and the electronic transaction.
This first appeared in the Lexology GTDT e-Commerce 2021 global guide. You can find the full chapter here.
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