明令禁止“大数据杀熟” 网络交易监管新规2月落地

Core Viewpoint - The new regulations introduced by the National Market Supervision Administration and the National Internet Information Office aim to create a fair, transparent, and trustworthy online trading ecosystem by addressing long-standing issues faced by both merchants and consumers, such as unfair pricing practices and unilateral changes to service agreements [2]. Group 1: Enhancing Platform Rule Transparency - The new regulations require platforms to prominently display rules on their homepage, ensuring easy access for consumers and merchants, and mandate a minimum notice period of seven days for rule changes, with 15 days for significant modifications [4]. - Platforms must publicly solicit feedback from users and merchants before modifying rules, ensuring that reasonable suggestions are considered and documented for at least three years [4]. - A mechanism for regular communication and consultation regarding significant rule changes will be established, promoting collaborative governance rather than unilateral decision-making [4]. Group 2: Addressing Unilateral Changes by Platforms - The regulations explicitly prohibit platforms from unilaterally modifying membership agreements to impose additional fees or reduce member benefits during the service period, addressing issues highlighted by cases like iQIYI's unilateral changes to its VIP service [6]. - Consumers must be clearly informed of any changes to membership rights before purchasing services, creating a legal framework that reinforces consumer protection [6]. Group 3: Prohibiting Price Discrimination - The regulations specifically ban "big data killing familiarity," which refers to the practice of charging different prices to consumers based on their purchasing history, thus safeguarding consumers' rights to fair transactions [7]. - Platforms are required to provide evidence of the legality and fairness of their pricing mechanisms when consumers raise concerns about discriminatory pricing practices [8]. Group 4: Curbing "Involution" Competition - The regulations address the issue of "involution" in the platform economy, where platforms engage in destructive price competition, by prohibiting forced participation in unnecessary services and ensuring fair competition practices [10]. - Clear guidelines are established to protect merchants' autonomy, including prohibitions against coercive pricing strategies and unreasonable fees [10]. Group 5: Clarifying Notification Obligations and Appeal Rights - The regulations introduce a system for executing platform rules that requires platforms to provide clear reasons and legal bases for any punitive actions taken against merchants or consumers [12]. - Platforms must establish accessible appeal channels and handle appeals in a timely and fair manner, moving away from opaque management practices [12].