Article Content

  Chapter I General Provisions

Article 1
This Act is enacted to protect the rights and interests of delivery workers, consumers, and partner merchants, and to regulate delivery platform operators, so as to balance the rights and obligations of all parties.
Matters concerning protection of rights and interests and regulatory management under the preceding paragraph shall be governed by this Act; matters not provided for herein shall be governed by other applicable laws. However, where an employment relationship exists between a delivery platform operator and a delivery worker, matters concerning protection of rights and interests and penalties shall be governed by the Labor Standards Act and other relevant laws, in additional Paragraph 5 of Article 4, Article 10, and Articles 21 through 25 of this Act shall still apply.
Article 2
The term “competent authority” as used in this Act refers to: At the central level, it is the Ministry of Labor; at the special municipality level, it is the special municipality government; and at the county (city) level, it is the county (city) government.
Where matters prescribed in this Act involve the jurisdiction of other competent authorities for specific industries, such matters shall be handled by the respective authorities. The division of powers and responsibilities among the competent authority and other competent authorities for specific industries referred to in the preceding two paragraphs shall be as follows:
1. Competent authority: Matters concerning protection of delivery workers’ labor rights and interests, including delivery service contracts, account suspension, remuneration, complaint mechanisms, occupational safety and health, insurance, preservation of delivery worker-related records, and occupational safety and health education and training for delivery workers.
2. Transportation authority: Matters concerning approval of basic freight rates, consumer protection, personal data protection, road traffic safety, preservation of consumer-related records, and traffic safety education and training for delivery workers, relating to delivery platform management.
3. Economic affairs authority: Matters concerning delivery cooperation contracts, fees charged by delivery platform operators, dispute resolution, and preservation of partner merchant-related records, relating to protection of partner merchant rights and interests.
4. Health and welfare authority: Matters concerning food safety and hygiene in delivery services and food safety education and training for delivery workers.
5. Financial supervisory authority: Matters concerning transaction security of financial payment instruments provided by delivery platforms and insurance products such as group accident insurance and liability insurance for delivery workers.
6. Digital development authority: Matters concerning transaction security of third-party payment services provided by delivery platforms.
7. Other matters concerning delivery worker protection and delivery platform management: To be handled by relevant competent authorities for specific industries in accordance with their respective powers and responsibilities.
Article 3
The terms used in this Act are defined as follows:
1. Delivery worker: A service provider who has entered into a delivery service contract with a delivery platform operator.
2. Delivery platform operator: An enterprise operating a platform utilizing electronic commerce technologies to conduct internet-based transactions, providing partner merchants with trading platform to sell goods or consumers with trading platform to purchase goods, and assigning orders to delivery workers for fulfillment.
3. Delivery service contract: A contract entered into between a delivery platform operator and a delivery worker concerning delivery services, remuneration calculation and payment, account suspension, complaint mechanisms, and other related rights and obligations.
4. Remuneration: The consideration received by a delivery worker for providing delivery services pursuant to a delivery service contract, including basic remuneration and various bonuses.
5. Account suspension: The act by which a delivery platform operator temporarily suspends the provision of orders to a delivery worker, or temporarily suspends the acceptance of consumer orders from a partner merchant.
6. Delivery service: The act whereby a delivery worker, through an application or device designated by a delivery platform operator, accepts an order, proceeds to a partner merchant to collect goods, and delivers the goods to the consumer or to a location designated by the consumer.
7. Delivery service period: The period commencing from the time a delivery worker accepts each order provided by the delivery platform operator until completion of that order.
8. Online service period: The period commencing from the time a delivery worker logs onto an application or device designated by the delivery platform operator until logging off.
9. Partner merchant: An enterprise that has entered into a delivery cooperation contract with a delivery platform operator and uses an application or device designated by the platform to provide goods for consumer purchase.
10. Delivery cooperation contract: A contract entered into between a delivery platform operator and a partner merchant concerning the provision of goods, payment of proceeds, and other related rights and obligations.
11. Freight charge: The fee charged to consumers and partner merchants by a platform freight operator for providing goods transportation services.
12. Payment for goods: The amount payable by a delivery platform operator to a partner merchant after goods are provided to consumers through the platform.
13. Per-order basis: An order containing only one pickup location and one delivery location.