The Ministry of Commerce issued Prakas No. 0067 on unfair clauses on 01 March 2022 with the purpose to protect consumers of goods and services in Cambodia against unfair clauses in standard terms.
Unfair clauses are not permitted in standard terms. An unfair clause refers to a provision in standard terms that allows suppliers of goods or services to obtain excessive benefits from the consumers. Examples of unfair clauses are the following:
- any clauses that exclude or limit the liability of the providers of goods or services;
- any clauses that grant the suppliers of goods or services the right to materially amend or modify any provisions relating to the type, quantity, price and quality of goods and/or services without the consumer's prior consent;
- any clauses that permit the providers of goods or services the right to make substantial changes to the standard terms without a prior consent from the consumers; or
- any clauses that grant the suppliers of goods or services the right to unilaterally and exclusively interpret the contract or terminate the contract based on the sole discretion of the goods or service providers.
If standard terms contain unfair clauses, consumers may rescind or ratify such unfair clauses. In addition, the use of unfair clauses may be subject to penalties imposed by the Law on Consumer Protection.