State Administration for Market Regulation Solicits Opinions on the Measures for the Supervision and Administration of Online Transactions
Online trading will usher in strong supervision (online China)
The annual "Double 11" is approaching, and online shopping has become a hot topic again.
In order to further regulate online trading activities, the State Administration for Market Regulation recently announced the "Measures for the Supervision and Administration of Online Transactions (Draft for Comment)", which included online social networking and live broadcast platforms under supervision.
The auto-renewal routine should rule
I just want to buy a VIP membership for 1 month, but the platform automatically renews after the expiration. The cancel button is extremely hidden, and you can't find it if you don't pay attention. The online shopping experience is not good. After submitting a bad review, it is deleted by the merchant or the review cannot be displayed... Many people have encountered such annoying things in online transactions.
In response to the issue of automatic renewal, the most concentrated part of netizens’ complaints, Article 16 of the recently announced "Internet Transaction Supervision and Administration Measures (Draft for Comment)" (hereinafter referred to as "Draft for Comment") clearly stipulates that online trading operators adopt automatic Renewal, automatic renewal, and other methods that involve non-active contracting of consumers to provide services should be reminded in a prominent way.
Where consumers independently choose the relevant method, the online transaction operator shall provide consumers with a significant, free and simple option to cancel or change the relevant method at any time during the entire service period, and pay a significant amount 5 days before the date of extension or renewal. Ways to remind consumers to pay attention.
It is a habit of many people to look at the evaluation before placing an order, and the praise of the same brush, especially when the evaluation content is from the same template, may be suspected of fraud and block the true personalized evaluation.
The "Draft for Comment" stipulates that online trading operators shall not misleadingly display evaluations by deleting, concealing, revising evaluations and other improper handling methods, which can be said to "prescribe the right medicine", which makes consumers eat "reassurance pill."
In addition, in order to protect their own interests, some platforms require merchants to "choose one of two" between themselves and their competitors, and if they disagree, they will lower their rankings or conduct search blocking. The related disputes have attracted much attention before.
In response to the issue of "choose one out of two" on online trading platforms, Article 31 of the "Draft for Comments" clearly stipulates that operators on the platform can independently choose to carry out business activities on multiple platforms.
Regarding matters related to the establishment or modification of the exclusive business partnership between the platform and the operators on the platform, fair negotiation shall be conducted on an equal basis, and the platform shall not force the operators on the platform to accept.
Experts pointed out that in recent years, online shopping has developed rapidly. While bringing convenience to consumers and expanding channels for operators, some platforms rely on monopoly advantages to set unreasonable terms, which damages the legitimate rights and interests of merchants and consumers, which is not conducive to Long-term development of online shopping.
The "Draft for Solicitation of Comments" sets out clear regulations on the behavior of the platform from the reasonable interests of consumers and operators, which is conducive to the standardized development of e-commerce platforms.
There are rules for live streaming
In addition to responding to hot issues, this "Draft for Comments" also regulates many new things and phenomena in the field of online transactions.
"Sisters, buy it!" Consumers who have watched live broadcasts must be familiar with this sentence.
Clicking on the live room and shopping under the recommendation of the network anchor has become a new shopping habit for many people.
E-commerce live broadcast, which has become popular in recent years, is an emerging model for Internet shopping.
In this model, the platform and the anchor become the spokesperson of consumers, and they have a greater right to speak in the purchase behavior of consumers. At the same time, it is not uncommon for the quality of the products recommended by the anchor to "roll over" and the rights of consumers are infringed.
The "Draft for Solicitation of Comments" regulates the delivery of goods on live broadcasts, and clarifies that network trading operators who carry out online trading activities through other network services such as social networking and live streaming shall refer to the relevant regulations of the operators on the applicable platform.
In addition, other network service providers such as social networking and webcasting provide operators with business space, and provide support services related to transaction completion such as product browsing, order generation, online payment, etc., in the qualification review of operators, products and services Information monitoring, protection of consumer rights, protection of intellectual property rights, provision of information and data, and cooperation in supervision and law enforcement shall perform the responsibilities of network trading platform operators in accordance with the law.
Experts believe that the "Draft for Comments" clearly puts forward the platform's obligations in terms of reviewing qualifications, and is an important guarantee for the quality of webcast.
The "Draft for Comment" also explains the content mentioned in the "E-Commerce Law".
For example, the term “sporadic small transactions” in Article 10 of the E-Commerce Law means that network transaction operators do not exceed 52 transactions per year and the annual transaction volume does not exceed the previous year’s employment in urban private units in the province, autonomous region, or municipality where they are located. Average annual salary of personnel.
Where the same operator opens multiple online stores on the same platform or on different platforms, the annual number of transactions and annual transaction volume of each online store shall be combined.
Experts said that merchants under this clear standard do not need to register for market entities, and individuals who pay for sporadic small business operations no longer need to obtain invoices. This actually further simplifies the business operations of small businesses and has a strong Execution.
Punishment must be strengthened
In addition to the "E-Commerce Law" that came into effect on January 1, 2019, there are many laws and regulations in the field of online transactions, such as the Ministry of Commerce's "Notice on Regulating Online Shopping Promotion Behavior", "Guiding Opinions on Promoting the Healthy Development of Online Shopping", etc. .
The "Advertising Law" and other relevant laws also have many clauses involving online transactions, which together constitute the legal basis for supervision of this field.
Pan Helin, Executive Dean of the Institute of Digital Economy of Zhongnan University of Economics and Law, said in an interview with this newspaper that the "Draft for Solicitation of Comments" is planned from the perspective of protecting consumers and operators, which has played a good guarantee for the interests of both parties. It also imposes appropriate restrictions on the behavior of the platform. It is an important supplement to the Electronic Commerce Law and will contribute to the healthy and standardized development of online transactions.
Dong Yizhi, a lawyer of Shanghai Zhengce Law Firm, said in an interview with this newspaper that the "Draft for Solicitation of Comments" refines the rules of many platforms and the industry to make it more operational.
However, the online trading industry is intensive in innovation, and the supervision of emerging things requires technical input and labor costs. Legislation alone will have a relatively strong lag and require a closer connection between justice and supervision, and penalties for violations of laws and regulations can also be used. Increase moderately.
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