New e-commerce policy must protect consumers

There is no doubt that the e-commerce industry in Bangladesh needs to be regulated in a better way. In recent years, e-commerce has been plagued with scams and controversies, and at least 13 rogue companies have wound up with liabilities worth several thousands of crores of taka. Legal experts and consumer rights bodies have opined that there is a pressing need for a digital commerce policy that is binding and enforceable, and where the violators of the policy are punished. This is not the case under the existing National Digital Commerce Policy, 2018, where there is no scope for legal remedy, despite a recently issued guideline.

While we completely understand and support the drafting of a new e-commerce policy that will set up administrative and judicial mechanisms to protect both consumers and merchants from fraudulent activities, we must also stress the importance of protecting their privacy as well. According to the draft policy on e-commerce firms, prepared by the National Telecommunication Monitoring Centre (NTMC) last month, all e-commerce firms will have to come under one digital platform that will be monitored by multiple state agencies. This means that the commerce ministry, the Bangladesh Computer Council (BCC), the Consumer Association of Bangladesh, the Bangladesh Financial Intelligence Unit (BFIU), the law enforcement agencies, and the NTMC will all have access to information on orders and delivery, information about dealers, and details of their financial transactions. 

Why do so many different government agencies need to know all this? Does it not make more sense to have a proper system to address the grievances of wronged consumers, rather than poring over the details of the daily workings of individual companies, even before they have been accused of any wrongdoing?

According to the draft policy, all e-commerce companies will have to register with the digital platform or else they will not be allowed to operate, and when registering, they will have to provide information on their business model, including passport information and other personal details. Only a few days ago, the Japanese ambassador to Bangladesh spoke of how some Japanese companies are thinking of entering the e-commerce business in Bangladesh. Will they still show the same interest when they hear of the amount of information they will have to divulge to the authorities, and how closely their activities will be monitored by different government agencies?

It is absolutely essential that we come up with a system that protects the rights and interests of Bangladeshi consumers from scammers in the e-commerce industry. However, this also involves protecting their right to privacy, which this latest draft policy has very little regard for. The government must also ensure that the policy does not act as a deterrent for e-commerce firms looking to enter into a thriving industry which, despite the recent controversies, has the potential to create jobs and boost the economy.