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反不正当竞争法修改拟就侵害数据权益等作出规定
news flash· 2025-06-24 07:53
Core Viewpoint - The draft amendment to the Anti-Unfair Competition Law aims to address issues related to data rights infringement and malicious trading practices, enhancing regulatory measures to ensure fair competition in the market [1][2]. Group 1: Key Provisions of the Draft Amendment - The draft specifies the elements constituting data-related unfair competition and details various forms of malicious trading, such as prohibiting operators from abusing platform rules to conduct false transactions or evaluations that harm other operators' legitimate rights [1]. - It proposes the establishment of a fair competition review system to ensure that all operators can equally utilize production factors and participate in market competition [1]. - The draft emphasizes increased regulatory oversight on unfair competition behaviors by platform operators, prohibiting them from forcing or indirectly coercing platform operators to sell products below cost, which disrupts market order [1]. Group 2: Obligations of Platform Operators - The draft mandates that platform operators clearly define fair competition rules in their service agreements and transaction rules, and establish mechanisms for reporting and resolving unfair competition complaints [2]. - It requires platform operators to take timely legal actions against identified unfair competition behaviors and maintain relevant records, reporting to the local government supervisory departments as necessary [2].