After the program, you can order food by scanning the code.
In this regard, the CCA expressed the following views:
One, it is suspected of over-collecting consumers' personal information by only providing "code ordering".
Article 111 of the Civil Code: "The personal information of natural persons is protected by law. Any organization or individual who needs to obtain another person's personal information shall obtain it in accordance with the law and ensure the security of the information,......."
Article 29 of the Law on the Protection of Consumer Rights and Interests states, "Operators who collect or use consumers' personal information shall follow the principles of lawfulness, legitimacy, and necessity, and shall express the purpose, manner, and scope of the collection or use of the information, as well as the consent of the consumer. ......"
Consumers dining at restaurants do not have to provide information such as cell phone numbers, birthdays, names, geographic locations, address books and other information unrelated to dining consumption.
Some restaurants no longer provide manual ordering, requiring on-site dining consumers to pay attention to the public number or small program first, and then sweep the code to order, through which to obtain the consumer's personal information, not only violates the principle of lawfulness, legitimacy, and necessity of the collection and use of personal information provided by the law, and is suspected of excessive collection of personal information of the consumer, and, if not well kept, the consumer's personal information will also be leaked,
Second, only providing "code ordering" violates consumers' right to fair trade.
According to Article 10 (1) of the Consumer Protection Law, "Consumers enjoy the right to fair trade."
Article 16, paragraph 2, "operators to provide goods or services to consumers, shall abide by social morality, good faith, to protect the legitimate rights and interests of consumers; shall not set unfair and unreasonable trading conditions, shall not be forced to trade.
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Restaurant operators do not provide manual ordering services, but only provide code-sweeping ordering, not only contrary to business practices, but also so that on-site dining consumers can only pay attention to or bind the operator's public number or small program, passive authorization for operators to obtain their personal information.
This practice infringes on consumers' right to fair trade, and is a form of coercive trading behavior towards on-site dining consumers by setting unfair and unreasonable trading conditions.
Third, the failure to provide on-site menus undermines consumers' right to know.
The Law on the Protection of Consumer Rights and Interests, Article 8, paragraph 1, provides that "consumers have the right to know the real situation of their purchase, use of goods or services received."
Consumers have reported that some restaurants, while only providing code-scanning ordering, do not provide on-site diners with visually accessible on-site menus and dish prices, and consumers can only see specific menus and know dish prices after scanning the code to follow the restaurant.
The menu is an important reference for consumers to make decisions, and is directly related to whether or not to accept the catering service, the restaurant should provide a visually accessible on-site menu for consumers to understand the dishes and prices, and decide whether or not to dine.
Not providing on-site menus and scanning the code to pay attention before browsing the dishes and prices violates the consumer's right to know.
Fourth, the application of new technology should not be an obstacle to the consumption of special consumer groups.
Sweep code ordering is not universal due to the complexity of smartphone operation.
Elderly people and minors often need the assistance of others to complete the process of code ordering.