Case Studies of E-Consumer Protection in ASEAN
Introduction
The previous chapters have discussed the current governance framework and proposed an extension governance framework that includes e-consumers. This chapter aims to strengthen the justification for the proposed framework by examining how the selected e-retailers comply with the existing regulations and practice e-consumer protection, and the importance of cooperation among all sectors in the proposed governance framework to improve e-consumer protection in e-retailing. To accomplish this, the chapter explores three case studies of how popular e-retailers in ASEAN countries protect e-consumers. According to Austrade (2019), Statista (2020), and ASEAN UP (2019), Lazada group, Shopee, and Zalora are the top three most-visited e-retailers’ websites across six ASEAN countries in 2019 and 2020. Thus, there is strong justification for the inclusion of these e-retailers in this chapter.
The case study method was selected for the following reasons. First, case studies are suitable techniques to address policy-related problems (Velder, Jansen and Anderson 2004). Second, case studies help researchers understand more about certain facts and incidents and develop “the type of context-dependent knowledge” (Flyvbjerg 2006). Such facts can help researchers “originate the findings for further empirical testing” (Bryman and Bell 2003, p. 56). Furthermore, as explained by Hancook and Algozzine (2006), insights derived from case studies can directly or indirectly influence future research directions. The advantage of the case studies in this chapter is to allow the author to be in the position of e-consumers to understand e-consumers’ expectation when shopping online and to compare the theoretical framework with industry practices. Secondary data were found from the websites and annual reports of the selected e-retailers, and third parties’ reports. Information was also obtained from industry news and independent websites that provide consumers’ rating and reviews.
This chapter includes three cases. The first case elaborates how e-consumers are protected by Lazada (Singapore) with regard to information disclosure, privacy and security, redress, and jurisdiction. The second case analyzes how Shopee (Vietnam) handles its customers’ complaints and addresses the issues associated with noncompliance by sellers. The final case focuses on online privacy and security of Zalora (Malaysia).
Lazada Group (Singapore) (www.lazada.sg)
Lazada (Singapore) was established in 2012, and its major shareholder is Alibaba Group Holding Limited, a Chinese multinational technology corporation (MNTC). It adopts three main e-business models, namely B2C, direct sales, and C2C. Its offers nearly every product category, ranging from computer products, electronics, food and beverages, fashion, skin care and healthcare products, to household products. It operates in six ASEAN countries: Indonesia, Malaysia, the Philippines, Singapore, Thailand, and Vietnam (Austrade 2019). This case study focuses on customers’ perspective of Lazada’s website, including LazMall and RedMart, in Singapore due to its top position in the country (Statista 2020).
Information Disclosure
A direct search for information on Lazada’s website and its subsites (e.g., LazMall and RedMart) reveals that customers can conveniently search for several types of information about products posted on its website. At the bottom of the main web page, there are two groups of information, namely “Customer Care” and “Lazada.” Information about presales, sales, and postsales transactions can be found from various links under the first set of information, “Customer Care.” Its customers can find guidelines about how to start a purchase under the link “How to Buy” and information about shipping and delivery, refunds, returns, payments, own account login, products, LazMall, data privacy, Lazada community policies, and many others under the link “Lazada Help Center” and “RedMart Help Centre.”1 There are also separate links for customers to check about shipping and delivery2 as well as returns.3 E-customers can also find information about “International Product Policy”4 on Lazada’s website. In addition, information about delivery options, return, and warranty is also exhibited on the webpage when customers can select and purchase a product.5
Information about products can be clearly found on its website, together with photos, descriptions, and even reviews and ratings by buyers. E-customers who are not IT-savvy or are first-time users are often confused or worried about complex purchasing procedures or technical issues and can find important and useful information on Lazada’s website. However, e-customers whose English proficiency is not high or are not used to reading long documents may be discouraged to read all the guidelines or instructions. Partners that provide payment methods and delivery services to Lazada and its customers are displayed clearly on its website.
Lazada and its subsite RedMart do provide online links for customers to make queries on their order status and cancelled and returned order items. Customers have to log in their accounts in order to contact Lazada online. Lazada also provides “live chat” to assist customers. Those who are not well versed with searching for information on its website can contact its hotline service during office hours.
Information about business registration of Lazada can be found under the second set of information, “Lazada.” A physical contact address and a location map in Singapore are posted on Lazada’s website (Lazada Group 2019a).
As Lazada is an e-retailer providing an online platform for sellers and buyers to engage in online transactions, there are general terms and conditions for purchasing via the platform.6 Information about formation of contracts, orders, price and payment, delivery, warranty, liability, force majeure, and other general terms is provided in the Terms and Conditions of Sales7 under the general terms and conditions section and is also subject to terms and conditions by sellers.
Apart from the two-way channels of communication, that is, (i) customers to Lazada and (ii) Lazada to customers, Lazada also provides online forums for members and community to communicate with one another. Policies with regard to communication among members of Lazada community are stated clearly on its website.8
Privacy and Security
Lazada posts its privacy policy on its website, as required by the current privacy legislation in Singapore. Lazada’s privacy policy is available via a separate link on its website.9 Lazada provides information about what types of personal information will be collected. Similar to other e-retailers, it claims to collect, use, disclose, store, and/or process customers’ information in accordance with its privacy policy (Lazada Group 2019b), such as to process orders, deliver products, and provide service and support (Ha 2012, 2013, 2017). Lazada claims that customers are allowed to withdraw their consent for it to continue using, disclosing, and/or processing their data.
Lazada advises that “the platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties” (Lazada Group 2019b). There is no article/clause in this privacy policy stating that its employees must protect the confidential relationship between Lazada and its customers, suppliers, and other groups of stakeholders. A phone number is provided on its website so that customers can freely contact it for any privacy and security issues (Lazada Group 2019b).
Lazada claims that it has adopted “appropriate administrative, physical and technical measures” to ensure online security; for instance, (i) only authorized persons can access customers’ personal data; (ii) “maintaining technology products to prevent unauthorized computer access; and using 128-bit SSL (secure sockets layer) encryption technology” when it processes customers’ financial information (Lazada Group 2019b).
Concerning payment security, Lazada has posted a payment protection policy on its website.10 Its customers can choose different modes of payment, such as credit card (Visa/Master/American Express), Lazada wallet, and installment payment plan. Lazada advises that all payments must be made on its platform, and any requests to make payment offsite by sellers should be reported to it (Lazada Group undated a). E-transactions via Lazada’s website are secured by industry-standard SSL technology. As explained by Franck Vervial, head of Cybersecurity Operations at Lazada, Lazada has invested significantly to improve its cybersecurity in order to protect its customers’ personal and financial data (Barker 2017; French Chamber Singapore 2019). Also, Lazada’s Information Security Management System (ISMS) meets the requirements of ISO/IEC 27001:2013 as certified by BSI U, and Lazada’s payment system has also complied with the PCI QSA (Lazada Group 2019c).
Redress and Jurisdiction
Lazada’s online terms and conditions state that the use of its platform and/or services and the terms and conditions “shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts” (Lazada Group undated b).
Lazada highly recommends that customers and relevant parties try to discuss any problems and “resolve the dispute through amicable negotiations” first, and such dispute resolution processes should be conducted on “an individual basis” (Lazada Group undated b). Lazada provides a channel for customers to lodge a dispute to it via an app or an online form.11 This demonstrates that Lazada has taken customer feedback seriously and has tried to internally and satisfactorily handle customer complaints. Lazada also explains that any external disputes or claims shall be settled by “arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC)” (Lazada Group undated b).
Customer Experience
In an exclusive interview for the Singapore Economic Development Board (2016), Lazada’s then CEO, Martell Hardenberg, explained that Lazada’s e-consumers are well protected with its “Buyer Protection, Money Back Guarantee, 100% Satisfaction Guaranteed return policies and integrated customer service team”; and this “sets us [Lazada] apart in the
e-commerce field and helps ensure that customers benefit from a safe and convenient online shopping experience” (Singapore Economic Development Board 2016).
Lazada employs a strong team of data scientists that adopt big data and the latest technology to help it “make decisions about how to enhance, streamline, and personalize the user experience from the browsing stage to the point of purchase. Such optimization will improve the journey, customer experience and obviously overall sales” (Teh 2017). As a trusted brand in Southeast Asia, many big brands, such as Under Armour ( Singapore and Thailand), Starbucks, and 3M Co (Indonesia) have recently worked with LazMall to sell their products online (The Straits Times 2020). Using artificial intelligence technology to personalize customer experience and improve customer satisfaction is one of its strengths (The Straits Times 2020). Lazada explained that it has taken and addressed its customers’ feedback seriously because it wanted to offer the best user experience to its customers (Retailnews.asia 2019). Lazada has removed listings of unauthorized or counterfeit products (e.g., removing listings of unauthorized Microsoft software) from its platform to ensure that customers will not encounter buying fake/unlicensed products (Baharudin 2020).
Positive e-consumer experience with Lazada has been evidenced by the increased volume of sales of Lazada and its ranking (The ASEAN Post 2018). Lazada has a big market share in the region, and the number of visitors to its website increased 13 percent in 2019 (Singapore Business Review 2019). In 2020, Lazada Singapore received a silver award for the category of “Best Engagement for a Targeted Community” and a bronze award for the category of “Best PR Campaign: Services” by Marketing Magazine (2019 to 2020).
Regarding negative experiences, many customers have gone public with complaints by posting negative feedback on Lazada. Customers complained about common issues faced by any e-retailers, such as late or no delivery, poor quality of customer service and product, pricing issues which include problems with refunds, and poor technical support. On September 6, 2020, in a forum from hardwarezone.com.sg, which is part of the SPH Magazines Pte Ltd., 165 posts about Lazada were found. The latest post was on September 3, 2020, complaining about late delivery and customers being told either to wait or cancel the order.12
Pissedconsumer.com,13 a consumer advocacy and review platform owned by Consumer Opinion LLC (registered in Las Vegas, NV), provides some consumers’ reviews and rating of Lazada Singapore. For example, the first consumer’s review of Lazada in this site was on January 22, 2015, and there are 320 reviews as of September 6, 2020 (Pissed
Consumer 2020). The overall rating of this company is about 2 (out of 5), and those who write a review on this website were generally not satisfied with its shipping and delivery, return/replace, and refund as explained by Pissed Consumer (2020).
Specifically, a customer claimed that his personal data was not kept confidential because Lazada’s CEO personally called him “after failed purchase Facebook post went viral” (How 2019). However, these may be few exceptional cases that attracted the public’s attention and reaction.
Shopee (Vietnam) (https://shopee.vn/)
Shopee was launched in 2015 by the Sea Group, and its headquarter is in Singapore. It adopts two main e-business models, namely B2C and C2C. Similar to Lazada, it offers a wide range of product categories, for example, computer products, electronics, food and beverages, fashion, skin care and healthcare products, and household products. It operates in Indonesia, Malaysia, the Philippines, Singapore, Thailand, Vietnam, and Taiwan (Austrade 2019). Shopee in Vietnam will be the focus of this case study as it was ranked number one in Vietnam (Do 2019). E-consumers can search Shopee’s website in English or Vietnamese.
Information about products, presales, sales, and postsales transactions is available on Shopee’s website. Its business contact, terms and conditions, and privacy policy are also posted online. However, Shopee has been found to exhibit many constraints with regard to protecting consumers from poor quality and fake goods (Hara 2020). In some occasions, prohibited products were found to be on Shopee’s website although sellers are not allowed to do so by Shopee (VietNamNet 2019). Yet, it seems some sellers did take advantage of the loose administration of Shopee. The Vietnam Competition and Consumer Authority (VCCA) under the Ministry of Industry and Trade (MoIT) have handled about 568 complaints from e-consumers, and most of them were from big e-retailers. Recently, several e-consumers have complained about fake products and overpriced products sold on Shopee’s platform, and they also failed to get compensation or adequate protection from the company (Hara 2020). There were cases that “a package of 100 Japanese medical face masks was offered for VND2.7 million ($120) on Shopee, about 10 times higher than the market price from before the pandemic” (Hara 2020). However, Shopee quickly removed such a post from its platform after receiving complaints from customers about the overpricing. It has closely worked with authorities in Vietnam to identify sellers who inflated the price of face masks and hand sanitizers during COVID-19. So far, Shopee has removed about “3,700 stores and about 4,800 masks and hand sanitisers” listed on its platform (Sachitanand 2020).
Shopee also blocked the accounts of vendors who violated its terms and conditions, for instance, selling fake or prohibited products. Shopee (undated) has committed to resolving disputes by hiring staff for its “ Operations—Customer Service (Cross Border Dispute).”14 This department is in charge of handling customers’ queries and complaints, resolving issues arising during cross-border transactions. Importantly, the team should be “the voice” of customers to provide feedback to the sellers. Apparently, Shopee understands that protecting e-consumers can help it avoid regulatory costs and protect its business sustainability.
However, e-consumers have perceived that Shopee did not take action fast enough to protect its customers from “ghost” vendors (Van Anh 2019). As a result, a huge amount of money has been cheated from its customers. It took Shopee several days to block a “ghost” vendor’s accounts after receiving complaints from hundreds of its customers (Van Anh 2020). This demonstrates Shopee’s shortcomings in addressing redress.
Zalora (Malaysia) (www.zalora.com.my)
Zalora was launched in 2012 and is owned by the Global Fashion Group. It has headquarters in both Malaysia and Singapore (Tee 2019). It adopts three main e-business models, namely B2C, direct sales, and C2C. Different from Lazada and Shopee, its main and only product category is fashion. It operates in four ASEAN countries—Indonesia, Malaysia, the Philippines, and Singapore—and also in Hong Kong and Taiwan (Austrade 2019). Zalora in Malaysia is the nexus of the discussion in this case study as it offers products differently from Lazada and Shopee and was among the top five websites in Malaysia.
Zalora Malaysia has posted clear personal data protection policy in both English and Bahasa Malaysia. This policy explains how Zalora collects, uses, and shares its customers’ personal data. This policy is more detailed than other e-retailers’. For example, Zalora provides “governing law” of its privacy policy, that is, in Malaysia, whereas Shopee Vietnam does not do so (Zalora 2019). It also provides a link to an e-mail and a physical office address for customers to contact it when there are issues of privacy. However, it seems that many people can access its customers’ personal information as stated in the policy, even temporary workers, although it claims to do the best to “minimize the disclosure of [customers’] personal data to the information necessary to perform the related purpose or additional purpose” (Zalora 2019). Its customers can access and/or correct their personal data and withdraw their consent for Zalora to collect, use, and share their personal information.15
A number of articles have written about how Zalora dealt with an alleged leaking of its customers’ personal data. In 2014, an individual seller claimed that he had wanted to sell 900,000 accounts of Zalora’s customers (AsiaOne 2014). However, Zalora rebuked that it has always and seriously protected customers’ data privacy, and its customer database “is extremely secure and has never been sold, monetized or shared with third parties” (AsiaOne 2014). There is a tab “Responsible Disclosure” on Zalora’s website where customers can find an e-mail to report any security incidents to Zalora.16 Zalora has encouraged its customers to cocreate a safe and secure online shopping environment by asking customers to report any potential security vulnerabilities to it.
In 2017, Zalora encountered another rumor pertaining to the WannaCry ransomware cyberattack in which the attackers locked the affected computers and held users’ files for ransom. Zalora affirmed to its customers that it was not affected by this incident (Murugiah 2017). To respond to customers’ concerns, Zalora introduced an alternative payment option, that is, “cash on delivery,” so that customers do not need to reveal their financial information online (Murugiah 2017). Zalora also ensured that its security systems are frequently updated and enforced its internal security policies. It has also educated employees with regard to cybersecurity.
Zalora has been able to regain trust from customers and acquire new customers even during the COVID-19 lockdown (A Malek 2020). In April 2020, Zalora was ranked fifth among the leading e-commerce platforms during the lockdown in Malaysia (Statista 2020). This is a big achievement of Zalora given that it only sells fashion products.
Discussion
The case studies demonstrate that the three e-retailers do comply with the legal requirements in the respective countries. However, there were incidents that displayed the weaknesses in their systems and processes. Analyses of these e-retailers reveal the following key findings.
First, these e-retailers have complied with the legal requirements in the respective countries in terms of providing information about products, business, payment methods, transaction processes, presales and postsales services, including refunds/exchanges, shipping, and delivery. Although the volume of the relevant information varies among e-retailers, most of the necessary information is available to e-customers for them to make informed decisions. Nonetheless, e-retailers have limited capacity to identify, monitor, and block the accounts of fraudulent sellers who want to do unethical business by selling fake products or overpriced products, especially during the COVID-19 lockdown. Thus, the principle of caveat emptor still prevails in the online market. This strengthens the justification to include e-consumers in the proposed multisector governance framework.
Second, these e-retailers have posted privacy policies and information about how customers’ personal and financial data are protected. They have also explained how technologies are adopted to improve online security. Importantly, they have provided a link, a phone number, or an e-mail for their customers to contact them for any online security breach or potential security breach. Yet, e-retailers should identify potential security breaches and take proactive measures to prevent such incidents instead of being reactive to respond to them only after such incidents occur.
Third, redress mechanisms and internal policies for customers to seek redress are available. However, the implementation of such policies varies vastly. In some cases, it took longer time for e-retailers to address the issues. In other cases, e-retailers had to work with the authorities to address such issues. However, very few alternative dispute resolution options have been stated by these e-retailers. This offers opportunities for further research on redress in e-retailing.
This chapter discusses three case studies of the top e-retailers in the respective ASEAN countries, namely, Lazada Singapore, Shopee Vietnam, and Zalora Malaysia. Apparently, these cases demonstrate that well-known e-retailers do attempt to build trust and protect their e-customers in order to retain existing e-customers and attract new e-customers. Yet, they do have their limitations. In many cases, e-retailers need to call for contribution by e-consumers, and cooperation by various groups of stakeholders, including the authorities and the industry. Thus, further improvement by e-retailers, pertaining to internal policies and processes, and technological adoption are required for a safe and secure online marketplace. Although e-consumers can seek help from respective stakeholders, they ultimately must make decisions by themselves when they make purchases online. Therefore, they need to take caution when they are online.
This chapter only includes three cases of well-known e-retailers in ASEAN countries. Yet, there are thousands of big and small e-retailers across these countries. What these e-retailers practice may not be implemented by all e-retailers in the industry. Hence, further research should focus on how small e-retailers protect their e-consumers, and which difficulties they have faced in this aspect, given their size and resource constraints, even though they want to build trust and take care of their e-customers. The next chapter, the conclusion, will summarize what has been discussed in the previous chapters.
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1 See https://lazada.sg/helpcenter/?spm=a2o42.11638377.footer_top.1.287f2dd1XJ126U (accessed on 5 Sep 2020)
2 See https://lazada.sg/helpcenter/shipping_delivery/?spm=a2o42.11638377.footer_top.4.287f2dd1Lirg2o (Accessed on 5 Sep 2020)
3 See https://lazada.sg/helpcenter/returns/?spm=a2o42.11638377.footer_top.6.287f2dd1kCepdN#answer-faq-return-ans (Accessed on 5 Sep 2020)
4 See https://lazada.sg/helpcenter/products_on_lazada/?spm=a2o42.11638377.footer_top.5.287f2dd1HypaXZ#answer-faq-internationalproduct-ans (Accessed on 5 Sep 2020)
5 An example can be seen at https://www.lazada.sg/products/rb-tea-milk-tea-w-brown-sugar-pearls-i610048363-s1787598434.html?spm=a2o42.searchlist.list.2.51d87dbfhB3jz4&search=1 (Accessed on 5 Sep 2020)
6 See https://www.lazada.sg/terms-of-use/?laz_trackid=2:mm_150110918_51602155_2010602160:clk5gjnfi1ehf03at2cevh (accessed on September 5, 2020)
7 See https://lazada.sg/terms-of-use/?spm=a2o42.helpcenter-article.article-content.1.3ed17bb9ZGLeWv (accessed on September 6, 2020)
8 See https://lazada.sg/helpcenter/lazada-community-policies/?spm=a2o42.help-center.topics-list.11.4866455feOrCSt (Accessed on September 5, 2020)
9 See https://lazada.sg/privacy-policy/?spm=a2o42.11638377.footer_top.15.28032dd1TVUhIa (accessed on September 5, 2020)
10 See https://lazada.sg/terms-of-use/?spm=a2o42.helpcenter-article.article-content.1.64407bb9f4u723 (accessed on September 6, 2020)
11 See https://lazada.sg/helpcenter/How-do-I-submit-a-dispute%E2%80%8B.html#:~:text=Once%20your%20request%20has%20been,for%20your%20dispute%20and%20submit. (accessed on September 6, 2020)
12 See https://forums.hardwarezone.com.sg/hardware-clinic-2/horrible-shopping-experience-lazada-5673038-11.html (accessed September 6, 2020)
13 See https://lazada-singapore.pissedconsumer.com/review.html (accessed September 6, 2020)
14 See https://careers.shopee.sg/job-detail/1736/ (accessed on September 7, 2020)
15 See https://zalora.com.my/privacy-policy/#law (accessed on September 8, 2020)
16 See https://zalora.com.my/responsible-disclosure/ (accessed September 8, 2020)