What kind of infringement does scanning code order belong to?
The restaurant was forced to scan the code to order food. When consumers eat in restaurants, some restaurants do not provide manual ordering or even on-site menus. Consumers can only scan the code to order food after paying attention to the official WeChat account or applet. Due to the complicated operation of smart phones, scanning codes for ordering food is not universal. Older people and minors often need the assistance of others, and there may be problems such as personal information disclosure and even payment security behind code scanning. Legal basis: infringement of consumers' right to fair trade. The first paragraph of Article 10 of the Consumer Protection Law stipulates that consumers have the right to fair trade. Paragraph 3 of Article 16 stipulates that: when providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced. Suspected of excessive collection of consumer personal information. Article11of the Civil Code stipulates that the personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law. Article 29 of the Law on the Protection of Consumers' Rights and Interests stipulates that operators should follow the principles of legality, justness and necessity in collecting and using consumers' personal information, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of consumers. Comments: Restaurant operators do not provide manual ordering service, but only scan the code to order food, which not only violates business practices, but also makes on-site dining consumers only pay attention to or bind the operator's official WeChat account or applet, and passively authorize operators to obtain their personal information. This practice infringes on consumers' fair trading rights, and it is a compulsory trading behavior for on-site dining consumers by setting unfair and unreasonable trading conditions. When eating in a restaurant, consumers do not need to provide information unrelated to food consumption, such as mobile phone number, birthday, name, geographical location and address book. Some restaurants no longer provide manual ordering, requiring on-site dining consumers to pay attention to the official WeChat account or applet first, and then scan the code to order food, so as to obtain consumers' personal information, which not only violates the legal, proper and necessary principle of collecting and using personal information, but also is suspected of over-collecting consumers' personal information. If it is not properly kept, consumers' personal information may be leaked or lost.