Very large platforms have to take on more responsibilities and obligations to allow the platform to develop in the economic norms

　　Very large platforms have to bear more responsibilities and obligations

　　Let the platform economy develop in regulation (Online China)

　　The "Guidelines for Classification and Classification of Internet Platforms (Draft for Comments)" and "Guidelines for the Implementation of Subject Responsibilities of Internet Platforms (Draft for Comments)" drafted by the State Administration for Market Regulation have recently solicited opinions from the public.

According to the "Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)", Chinese Internet platforms will be mainly divided into 6 categories and 3 levels.

The "Guidelines for the Implementation of Subject Responsibilities of Internet Platforms (Draft for Comment)" stipulates the obligations of fair competition demonstration, equal governance, and open ecology that Internet platforms, especially super-large platforms, need to perform.

Experts said that scientifically defining platform categories and rationally categorizing platform levels to promote platform enterprises to fulfill their main responsibilities is conducive to promoting the healthy development of the platform economy, protecting the rights and interests of various platform users, and maintaining economic and social order.

Internet platforms are planned to be divided into 6 categories and 3 levels

　　In recent years, the digital economy has developed rapidly.

The Internet platform is one of the infrastructures of the digital economy.

According to the "Platform Economy and Competition Policy Observation (2020)" issued by the Institute of Policy and Economics of the China Academy of Information and Communications Technology, as of the end of 2019, there were 193 Internet platform companies worth more than US$1 billion in China, 126 more than in 2015 .

In terms of value scale, from 2015 to 2019, the total value of China's Internet platforms increased from US$795.7 billion to US$2.35 trillion, with an average annual compound growth rate of 31.1%.

With the rapid development of Internet platforms, some problems are also becoming prominent, such as platforms "choose one", big data "killing familiarity", and data security risks.

　　In order to better promote the standardized and healthy development of China's platform economy, and enhance the pertinence and effectiveness of supervision, the "Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)" proposes to divide platforms into online sales based on the platform's connection objects and main functions , Life services, social entertainment, information and information, financial services, computing applications and other six categories.

　　At the same time, comprehensively considering user scale, business types and restricted capabilities, the "Internet Platform Classification and Classification Guidelines (Draft for Comment)" divides Internet platforms into three levels: super platforms, large platforms, and small and medium platforms.

Among them, the specific standards of the super platform are: super large user scale, that is, the platform has no less than 500 million annual active users in China last year; super wide business type, that is, the core business of the platform involves at least two types of platform business, and this business involves online sales. , Life services, social entertainment, information and information, financial services, computing applications, etc.; ultra-high economic volume, that is, the market value (valuation) of the platform at the end of last year is not less than RMB 1 trillion; ultra-strong restrictive capacity, namely The platform has a strong ability to restrict merchants from contacting consumers (users).

　　Xue Jun, a professor at Peking University Law School, believes that the "Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)" emphasizes the implementation of reasonable classification and classification requirements for different types of Internet platforms, rather than "one size fits all" for various types of platforms. A more pragmatic approach, especially the distinction between super platforms and other platforms, makes regulatory measures more targeted and effective.

　　Wang Yong, deputy director of the Institute of Economics, School of Social Sciences, Tsinghua University, said that the concept of "super platform" will help deepen the understanding of anti-monopoly issues in the field of platform economy and guide relevant platform companies to pay more attention to regulating their own behavior.

The platform's main responsibility requirements are more detailed

　　There are 35 articles in the "Guidelines for Implementing Main Responsibility of Internet Platforms (Draft for Comment)", which clarify different main responsibilities for different types of platforms.

Among them, the first 9 items are aimed at super-large platforms, and put forward requirements for super-large platforms from 9 aspects including fair competition demonstration, equal governance, open ecology, data management, internal governance, risk assessment, risk prevention, security audit, and promotion of innovation.

For other platform operators, 26 obligations to be fulfilled are stipulated, including information verification, recording, publicity, platform user management, and platform content management.

　　Industry insiders pointed out that the "Guidelines for the Implementation of Subject Responsibilities of Internet Platforms (Draft for Comment)" are of great value for the formation of a good supervision and compliance management relationship between regulatory authorities and major platform companies.

Especially the super large platform, due to its advantages in user scale, data, technology, etc., has a stronger ability to restrict competition, and needs to bear more responsibilities and obligations.

　　From an international background, many countries and regions have implemented greater supervision on large-scale Internet platforms, requiring these platforms to assume the responsibilities of "digital gatekeepers" and fulfill their social responsibilities.

For example, Germany has made clear prohibitions on large-scale platforms that refuse to open up the ecosystem, block competitors, hinder cross-platform competition, and self-preferential treatment.

The draft of the European Union’s “Digital Market Law” establishes the “prior supervision” system and stipulates the “prior obligations” that large-scale Internet platforms need to perform, that is, to request or prohibit certain behaviors on the platform before the regulatory authority discovers that the platform has violated regulations. .

　　Some hot issues that have recently received social attention have also been included in the "Guidelines for the Implementation of Subject Responsibilities on Internet Platforms (Draft for Comment)."

For example, "algorithm regulation" requires Internet platform operators to use the big data they have for product recommendation, order distribution, content push, price formation, performance evaluation, reward and punishment arrangements, etc., they need to abide by the principles of fairness, justice, and transparency, and abide by the law. , Laws and regulations, respect social ethics and basic scientific ethics, and must not infringe upon the basic rights of citizens and the legitimate rights and interests of enterprises; "Labor Protection" requires Internet platform operators to protect the physical and mental health of platform flexible employees, work environment safety, and obtain fair and reasonable remuneration The right to protect against accidental injury and personal injury shall not restrict their employment on other Internet platforms.

　　Liu Xu, a researcher at the National Institute of Strategic Studies of Tsinghua University, believes that the "Guidelines for Implementing Main Responsibilities of Internet Platforms (Draft for Comment)" not only responds to calls from all walks of life to strengthen anti-monopoly in the Internet industry, requires more detailed requirements, but also benefits Chinese companies better. Participate in the global governance of the digital economy and better participate in international competition in overseas markets.

　Consumer rights will be further protected

　　Forcing users to "choose one of two", "big data to kill familiarity", restrict identification and normal access to URL links on other platforms without justifiable reasons, collect user personal information in violation of regulations... These troubles encountered by ordinary users will be discussed in the "Internet The Guidelines for Classification and Classification of Platforms (Draft for Comment) and the Guidelines for Implementing Subject Responsibilities of Internet Platforms (Draft for Comments) have been effectively curbed after the release, and the basic rights and interests of various platform users will be further protected.

　　It is understood that the "Guidelines for Classification and Classification of Internet Platforms (Draft for Comments)" and "Guidelines for the Implementation of Subject Responsibilities of Internet Platforms (Draft for Comments)" will cooperate with efforts.

The "Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)" classify platforms as one of the basis for restricting capabilities, that is, the ability of platforms to restrict or hinder merchants from contacting consumers.

The super platform and the large platform have super restrictive capabilities and stronger restrictive capabilities, respectively.

The "Guidelines for Implementing Main Responsibility of Internet Platforms (Draft for Comment)" puts forward strict requirements for super-large platform operators and other platform operators to implement main responsibilities.

For example, super-large platform operators are required to open up the ecosystem, protect the security of users’ personal information and data, and regularly assess risks such as infringements on the legitimate rights and interests of consumers, etc.; require other platform operators to protect the rights of consumer credit evaluation and not to use technical means and false information. Or misunderstanding price methods to lure consumers into transactions, convenient and effective online complaints, reports and dispute resolution mechanisms should be established, internal supervision and inspection systems should be established, and operators on the platform should be urged to provide products and services that meet the requirements for protecting personal and property safety. .

　　Industry insiders believe that the two guidelines have drawn a "red line" for Internet platforms, providing a set of standards for companies to operate in compliance and safeguarding consumers' rights and interests, and increase certainty.

For the government, it embodies the adherence to both development and regulatory standards, which is conducive to the realization of the entire chain of supervision before, during and after the event.

After the two guidelines are officially implemented, they will guide the future direction of Internet industry supervision and better safeguard and protect the rights and interests of users.

　　Peng Xunwen