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Interpretation of key issues in the law of enabling secret-free payment by default

Interpretation of key issues in the law of enabling secret-free payment by default

(Summary description)Qiu Baochang, Director of Consumer Rights and Legal Affairs Professional Committee of Beijing Lawyers Association

Interpretation of key issues in the law of enabling secret-free payment by default

(Summary description)Qiu Baochang, Director of Consumer Rights and Legal Affairs Professional Committee of Beijing Lawyers Association

Information
  Interlocutor
 
  Qiu Baochang, Director of Consumer Rights and Legal Affairs Professional Committee of Beijing Lawyers Association
 
  Researcher of China Electronic Commerce Research Center
 
  Legal Network Reporter Zhao Li
 
  Reporter: Many scenarios in real life will use password-free payment. While the password-free payment brings convenience to users, it is also complained of lack of security. For example, no active authorization, no eye-catching reminder; skip the steps of entering the password and confirming the amount. What's more worrying is that many mobile applications favor password-free payment, and the system will even enable it by default.
 
  Qiu Baochang: Consumers’ consent is required for exemption. Operators must not make claims without authorization. Consumers’ right to know and choice must be fully respected. This is the right of consumers and the obligation of operators. Therefore, operators must abide by laws and regulations in the course of business operations.
 
  In fact, as consumers use new payment methods more and more frequently, the occurrence of password-free payments is far more than the aforementioned payment platforms. In real life, many people use the small amount of password-free payment function intentionally or unintentionally, but when users are asked whether they remember when to activate such services, the answer is mostly "not clear", or they did not activate it on their own initiative. .
 
  Reporter: Regarding the problems with the "Quick Pass" exposed at the "March 15" gala, China UnionPay issued a statement on the afternoon of March 16, stating that the small amount of confidentiality and visa exemption is an industry rule. Take a popular travel software as an example. At the bottom of the payment interface, there is a line with very small fonts, which is automatically checked by default: "You agree and agree: Entering personal information for a transaction is regarded as your confirmation of the transaction and transaction amount and it is irrevocable Send instructions to the system locally. Banks or third-party payment and other financial institutions will deduct your confirmed transaction amount from your bound bank card to the beneficiary according to your instructions." Such software or small programs are generally used for the first time Verify the payment password when deducting the payment, and authorize the customer to directly deduct the payment from the transaction after selecting the corresponding payment application.
 
  Qiu Baochang: The purpose of small amount of confidentiality is to facilitate transactions, which is reasonable, but it may involve security issues. Secret-free is indeed a common practice in the international arena, but users should be informed that if they don’t get the consent of consumers, they violate their right to know and choose. According to related announcements, the small amount of bank card exemption and visa exemption has been notified to users through various channels such as the official website announcement. However, the reality is that users may not have time to check word by word for the format clauses with thousands of words at every turn. Therefore, it is recommended to highlight and inform the important content such as small amount of confidentiality and visa-free, so that users can understand it more efficiently.
 
  Zhao Occupation: The key is to allow consumers to choose whether to enable the small amount of password-free and flash payment functions. The default method cannot be used.
 
  In the era of mobile Internet, there is a certain market space for small-value, secret-free payment, but the biggest problem is security risks. If the user’s mobile phone or a certain account is stolen, the secret-free payment function may be abused and used to steal users. Assets in the account.
 
  Reporter: After "March 15", China UnionPay has established a "full compensation for risks" guarantee mechanism in conjunction with commercial banks. However, some people believe that compensation is an afterthought problem, which should not have occurred. It is like a small probability event. Once it happens to someone, it is 100%. Therefore, this approach still has security risks and defects.
 
  Qiu Baochang: There is no problem with this statement. It turns out that there is a problem with the bank cards of many commercial banks: a password is set, and the bank card is stolen without compensation. The reason is that the bank believes that the user's password is carelessly kept, and vice versa. However, he was compensated. Later, basically reached a consensus: as long as it is stolen, it generally supports consumers' reasonable claims, unless there is evidence that consumers have deliberate behavior or other behaviors.
 
  Operators must fulfill their obligations to ensure safety, and the services and products they sell must ensure the personal safety and property safety of consumers.
 
  Zhao Zhanzhu: In the mobile payment industry, there should be certain conditions and thresholds for consumers who claim compensation for losses, and there should be an upper limit on the amount of compensation. For example, regarding the payment conditions, it is required to report to the police within hours after being stolen. Because it is necessary to prevent some people from maliciously applying for compensation. In addition, consideration should be given to whether the compensation procedure is convenient and whether it will be difficult to settle claims when making claims.
 
  Reporter: It is undeniable that convenience and security are like yin and yang, and "stealing from the air" does not appear suddenly. Similar cases have happened before. In December last year, in Guangdong Province, a criminal group used the flash payment function to steal more than 110 bank card funds, with a total amount of more than 100,000 yuan involved. In today's prevalence of mobile payment, how can consumers reduce the risk of being stolen?
 
  Qiu Baochang: Consumers should take good care of their personal information, especially their passwords, and don't disclose them easily. The passwords can be set more complicated. Don't use their birthdays, ID numbers, specific anniversaries, etc. However, if there is no password, there is no password, so if it is free, consumers will not be able to guard against it.
 
  Don't be greedy for temporary convenience and cause hidden dangers to your own funds. Try not to use the secret-free payment licenses of third-party payment platforms such as shopping, takeaways, taxis, and ticket purchases. When signing the format terms of related member services, you must pay attention to those in the terms For non-obvious reminders, you must carefully read the reminders before purchasing various packages.
 
  Zhao Occupation: If users choose to use the password-free payment function, they should be aware that there are certain security risks in small-value password-free payments, and various measures must be taken to prevent this risk. For example, if you bring a bank card, you must put the bank card in place. Once you hear an abnormal card swiping sound around you, you must pay attention; if you use a small amount of password-free payment on the Internet, you must use a mobile phone or other Save the terminal device, and set a password when it is turned on and lock the screen; if you are using the small-value password-free payment function in a certain online payment account, you must save the password of the payment account.
 
Source: Legal Network

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