It is estimated that more than 18 million people (78% of the population) use the Internet services in Taiwan, and more than half of the populace primarily use instant messaging APP (such as Line, Skype, Juiker, etc.) That is to say, more than 10 million people use instant messaging APP.
People here have expressed widespread acceptance of these instant messaging services, which has then resulted in an increase in consumer disputes, including cases of fraud, the suspension of rights, the disappearance of, previously paid-for value-added service goods (such as social messaging stickers), etc. In order to safeguard the relevant rights and interests of consumers, the Ministry of Economic Affairs drafted the “mandatory and prohibitory provisions of standardized contracts of instant messaging APP services”, which has been approved by the 52nd meeting of the Consumer Protection Committee. The provision will be announced and put into effect after Ministry of Economic Affairs complete legal procedures.

In order to resolve often-seen consumer dispute problems, the draft of the “mandatory and prohibitory provisions of standardized contracts of instant messaging APP services” put emphasis on the following points:

1) Consumer information disclosure:
Business operators should provide consumers with the names and contact information, contracts and services, the reasons for the ending of a contract or the termination of services, dispute resolution mechanisms and any other relevant consumer information.

2) Account usage management:
When consumer accounts are used fraudulently, business operators should give notice and stop operations, and respond to users after changing passwords. When a consumer takes the initiative to delete an account, a warning mechanism should be provided; in the event that terminal equipment is replaced or an account is deleted due to an unlawful invasion, consumers can ask business operators to help recover the account number as well as prepaid or paid-to-buy value-added services (such as stickers).

3) System security maintenance:
Business operators should maintain systems security to prevent unlawful invasion, acquire, modify or damage consumer-related records or personal data, and compensate consumers for damages. Moreover, in order to maintain the relevant hardware and software and suspend services, except for reasons pertaining to force majeure or emergencies, consumers should be notified seven days before any changes via an official website announcement, SMS messages, emails or promotion.

4) Keeping contract terms fair:
Business operators cannot unilaterally change the content of contracts or services, or terminate or rescind the contract and remove liabilities in advance. Moreover, they cannot ask consumers to abandon the contract review period, or to abandon or rescind a consumer's right to terminate a contract or terminate a consumer's rights.

5) Personal data protection:
Business operators cannot ask consumers to abandon in advance or to restrict consumers from exercising their personal data rights. Moreover, no contract shall be made for the use of a consumer's personal data beyond the necessary scope.

The Department of Consumer Protection, Executive Yuan, advises consumers to understand their rights and interests when using instant messaging APP services. Moreover, consumers should also pay attention to whether or not a business operator has improperly collected, managed or used a consumer's personal data. If a business operator is found to have conducted illegal behavior, consumers should report such activity to the central competent authority or the local government in order to protect their rights and interests.