Myanmar Issues Guidelines For E-Commerce Businesses

• Published date: 21 September 2023
• Subject Matter: Corporate/Commercial Law, Consumer Protection, Media, Telecoms, IT, Entertainment, Corporate and Company Law, Contracts and Commercial Law, Advertising, Marketing & Branding, Dodd-Frank, Consumer Protection Act
• Law Firm: Tilleke & Gibbins
• Author: Ms Khin Pearl Yuki Aung, Khin Yadanar Htay and Yuwadee Thean-Ngarm

Myanmar's Ministry of Commerce has announced its E-commerce Guidelines to regulate stakeholders engaging in e-commerce. The guidelines'which were issued on September 5, 2023, and took immediate effect'are mandatory for e-commerce business operators (both entities and individuals), and failure to comply with the guidelines' requirements may result in penalties under relevant laws.

The E-commerce Guidelines come as Myanmar seeks to increase its regulation of e-commerce activities. The guidelines were preceded by a July 2023 notification requiring e-commerce business operators to register their activities with the Ministry of Commerce by January 21, 2024.

Definitions

"E-commerce" is defined as the sale of goods or services on the internet or other digital platforms. The term also covers sales promotions, marketing, logistics, ordering, and delivery. An "e-commerce platform entrepreneur" is a person who manages an e-commerce platform where two or more entrepreneurs can conduct e-commerce. An "e-commerce business operator" is a person operating or authorized to operate e-commerce activities. This includes e-commerce platform entrepreneurs, entrepreneurs selling on e-commerce platforms, and sellers through social media platforms.

Electronic Contracts

Acceptable forms of electronic contracts, which must comply with the Electronic Transactions Law, Contract Act, and other relevant laws, include:

• Click-wrap, click-through, and web-wrap contracts;
• Browse-wrap contracts; and
• Agreements between seller and buyer on social media platforms such as by accepting or rejecting an offer via direct message.

Samples of contract forms are appended to the guidelines.

Consumer Protection

Disclosure notices for consumers must be comprehensible, correct, consistent, simple, accessible, and visible. They can be written in Myanmar language, English, or Myanmar language and another language. They must also comply with the relevant provisions of the Consumer Protection Law.

The guidelines provide that if the agreed delivery date is eclipsed by more than 15 days, the consumer may terminate the contract and request a full refund of payment unless the contract specifically provides otherwise. To address problems like returns, refunds, and exchanges, e-commerce operators must establish clear, equitable, and transparent procedures or mechanisms to handle complaints and facilitate compensation for damage.

Marketing and Advertising

E-commerce business operators must ensure that their...