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Issued by: Financial Supervisory Commission, Executive Yuan
Date of issue: 2006/12/01
Ref. No.: Jin-Guan-Yin (3)-Zi-09500481331
Subject: With regard to the instructions of the Consumer Protection Commission that to implement the clauses of the standard form contract for credit card, a credit card issuer may not include the co-selling provision into the contract, but instead should allow the applicant to decide on the matter by providing a check box or another document, please follow the instructions below.
Explanations:
1.This letter is issued pursuant to the letters of Consumer Protection Commission, Executive Yuan No. Xiao-Bao-Fa-Zi-0950009942 and 0950009948 dated October 27, 2006 and No.Xiao-Bao-Fa-Zi-0950010654 dated November 17, 2006.
2.Please forward the following instructions to your member institutions and ask them to comply accordingly:
(1) The phrase of “Consumer agrees to allow his or her personal data to be cross-used by affiliated enterprises or third parties” or similar wording may not be included in the provisions of the standard form contract for credit card.
(2) If a card issuer needs the cardholder to provide information to its affiliated enterprises or third parties with whom the card issuer has a cooperative relationship for marketing purpose, the card issuer shall have confidentiality measures in place, and related agreement shall be stated in the credit card application or another document in a conspicuous manner in different color, bold text or underlined text that will catch the attention of the consumer. The card issuer shall also design a check box for customer to indicate whether they agree or disagree to it under a special clause. If the customer does not check the box, it shall be construed as the customer disagreeing to the provision of personal data for co-selling. The special clause should contain the following:
a.the types of personal data to be provided and the recipient parties; if the recipient parties include a third party, such third party must be a cooperative partner of the card issuer; and
b.clearly informing the customer of or agreeing on the simplest way by which the customer can request a stop to the use of his or her personal data by a third party, and that the card issuer will promptly oblige upon receiving such notice from the customer.
3.Card issuers that are not yet in compliance with Explanation 2. Should make adjustment in sixty (60) days upon receiving the instructions hereof.
TO: Bankers Association of the Republic of China, Shanghai Commercial and Savings Bank, The Chinese Bank, AIG Credit Card Co.(Taiwan) Ltd., Entie Commercial Bank, Asia Trust & Investment Corp, Citibank Taiwan, Diners Club International, Aeon Credit Card (Taiwan) Co., Ltd., The Hongkong and Shanghai Banking Corporation, Hwa Tai Commercial Bank, Bank of Overseas Chinese, Bowa Bank, American Express International (Taiwan), Inc., Medium Business Bank of Taiwan, Land Bank of Taiwan.
cc.: Consumer Protection Commission, Legislator Hsu Chong-Hsiung |