网络交易平台规则监管
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网络平台不得利用大数据“杀熟”
Xin Lang Cai Jing· 2026-02-03 20:49
市场监管总局和国家网信办联合发布《网络交易平台规则监督管理办法》,自2026年2月1日起实施。 《办法》明确:不得利用平台规则对平台内经营者的自主经营活动进行不合理限制,收取不合理费用、 不合理的违约金或者损害赔偿金;不得利用平台规则排除或者限制消费者权利、减轻或者免除自身责 任、不合理加重消费者责任、实施大数据"杀熟"、提供会员服务时单方面随意变更平台规则损害会员权 益等。 ...
拒绝暗箱操作,网络交易新规将施:规范“仅退款”,禁大数据杀熟
Xin Jing Bao· 2026-01-29 14:41
Core Viewpoint - The implementation of the "Regulations on the Supervision and Management of Online Trading Platforms" aims to address long-standing issues faced by merchants and consumers, establishing a fair, transparent, and trustworthy online trading ecosystem starting February 1, 2026 [1] Group 1: Transparency in Platform Rules - The new regulations will enhance the transparency of rule-making and modification processes, requiring platforms to prominently display rules on their homepage and ensure easy access for consumers and merchants [3] - Platforms must publicly solicit opinions from users and merchants before modifying rules, ensuring that reasonable suggestions are considered and documented for at least three years [3] - A communication and consultation mechanism will be established for significant rule changes, promoting collaborative governance rather than unilateral decision-making [3] Group 2: Protection of Membership Rights - The regulations specifically prohibit platforms from unilaterally changing membership rules to impose additional fees or reduce member benefits during the service period [5] - This legal framework aims to prevent practices like those seen in the iQIYI case, where members experienced a significant reduction in expected benefits due to sudden changes in service terms [4][5] Group 3: Fair Pricing Practices - The regulations address the issue of "big data price discrimination," mandating that platforms cannot set different prices for the same product or service under similar conditions without consumer knowledge [7] - Platforms are required to provide evidence of their pricing mechanisms when consumers claim price discrimination, thereby safeguarding consumer rights [7] Group 4: Regulation of Competitive Practices - The regulations aim to curb "involutionary" competition by prohibiting platforms from forcing merchants into unnecessary services or promotional activities, thus protecting merchants' operational autonomy [9] - Specific illegal practices such as "choose one from two" and unreasonable fees are clearly defined, establishing a comprehensive protection system for all stakeholders involved [9] Group 5: Execution of Rules and Appeals - The new regulations introduce a system for executing platform rules, requiring platforms to provide clear reasons and legal bases when taking negative actions against merchants or consumers [10] - A streamlined appeals process will be established, ensuring that merchants and consumers can challenge decisions effectively and receive fair treatment [10]
【财经分析】《网络交易平台规则监督管理办法》厘清平台权责 维护商户与消费者权力
Xin Hua Cai Jing· 2026-01-10 11:17
Core Viewpoint - The newly released "Regulations on the Supervision and Management of Network Trading Platform Rules" aims to standardize the formulation, modification, and execution of rules on network trading platforms, marking a new phase of refined and systematic regulation in China [1] Group 1: Regulatory Framework - The regulations establish a comprehensive regulatory framework that emphasizes procedural justice, clarifies behavioral boundaries, and improves relief mechanisms, addressing market pain points and reshaping the rights and responsibilities among platforms, operators, and consumers [2][3] - The regulations require platforms to publicly solicit opinions, set transition periods, and communicate on significant matters, ensuring the participation and awareness of merchants and consumers [2][3] Group 2: Key Provisions - The regulations explicitly prohibit platforms from imposing unreasonable restrictions on operators' autonomy, charging unreasonable fees, and diminishing member rights, thereby safeguarding the rights of merchants and consumers [3][4] - The regulations aim to balance the interests of platforms, operators, and consumers through targeted provisions that clarify what constitutes unreasonable restrictions and fees, thus lowering the threshold for operators to identify and defend their rights [3][4] Group 3: Implementation Challenges - Experts highlight potential challenges in the implementation of the regulations, including the risk of platforms using algorithms to obscure compliance and the need for clear definitions of "unreasonable restrictions" [5][6] - There may be discrepancies between regulatory compliance and actual operations, as some platforms might adjust rules on paper while continuing unfair practices through hidden methods [5][6] - Recommendations for overcoming these challenges include providing standardized compliance templates, enhancing regulatory capabilities, and establishing a collaborative governance mechanism to ensure effective enforcement [5][6]
两部门联合发布平台规则监督管理办法 保护网络交易各方主体合法权益
Ren Min Ri Bao· 2026-01-09 22:10
Group 1 - The core viewpoint of the news is the introduction of the "Regulations on the Supervision and Management of Rules for Online Trading Platforms" by the State Administration for Market Regulation and the National Internet Information Office, aimed at standardizing the formulation, modification, and execution of platform rules to maintain order in online transactions and protect the legitimate rights and interests of all parties involved [1][2][3] Group 2 - The regulations focus on addressing prominent issues such as unreasonable restrictions on operators' autonomy, unreasonable fees, and penalties, thereby ensuring the rights of merchants and consumers within the platform [1][2] - Specific requirements are outlined for platforms regarding information, network, and data security, as well as the protection of the legitimate rights and interests of operators and consumers [2] - Platforms are mandated to include clear information security clauses in their rules, specify norms for handling personal information, and fulfill obligations related to the protection of minors [2]
网络交易平台新规:会员权益有变化,需在消费者续费前充分告知
2 1 Shi Ji Jing Ji Bao Dao· 2026-01-09 02:26
Core Viewpoint - The State Administration for Market Regulation and the National Internet Information Office jointly issued new regulations aimed at addressing issues in online trading platforms and live e-commerce, focusing on consumer rights and platform responsibilities [1] Group 1: Online Trading Platform Regulations - The new regulations require platforms to provide clear reasons and bases when imposing negative management measures on operators and consumers, particularly regarding penalties or compensation [1] - Platforms must inform consumers of any changes to membership rules before renewal, ensuring transparency about changes in member rights [1] Group 2: Live E-commerce Regulations - The regulations aim to tackle problems such as "refund only," "lowest price across the network," and platform penalties, promoting fair practices in the live e-commerce sector [1]
两部门发文整治网络交易平台大数据“杀熟”
Ke Ji Ri Bao· 2026-01-08 12:52
Core Viewpoint - The newly released "Regulations on the Supervision and Management of Platform Rules for Online Trading" aims to standardize the formulation, modification, and execution of platform rules, ensuring fair practices and protecting the rights of all parties involved in online transactions [1] Group 1: Regulatory Focus - The regulations target online trading platform operators as the "key minority" responsible for maintaining order in online transactions [1] - The regulations emphasize the need for platforms to fulfill their responsibilities in the formulation and execution of platform rules [1] Group 2: Obligations and Mechanisms - Platforms are required to establish mechanisms for public information disclosure, soliciting public opinions, setting transition periods, and providing complaint channels [1] - The regulations mandate platforms to create effective communication and negotiation mechanisms for significant rule changes and dispute resolution [1] Group 3: Restrictions on Platform Rules - Platforms are prohibited from imposing unreasonable restrictions on the autonomous business activities of operators within the platform [1] - The regulations prevent platforms from charging unreasonable fees, penalties, or damages, and from undermining consumer rights or shifting responsibilities unfairly [1] - Practices such as "big data price discrimination" and arbitrary changes to platform rules that harm member rights are explicitly forbidden [1]
事关平台规则和直播电商监管,两部新规提出哪些新举措?
Xin Hua Cai Jing· 2026-01-07 23:56
Core Viewpoint - The new regulations introduced by the State Administration for Market Regulation and the National Internet Information Office aim to enhance the supervision of online trading platforms, focusing on ensuring fair practices and protecting the rights of both operators and consumers in the live e-commerce sector [1]. Group 1: Regulation of AI-Generated Content - The "Live E-commerce Supervision Management Measures" incorporate flow control into regulatory tools and include AI-generated content, such as digital human anchors, to prevent the misuse of new technologies for spreading false information [2]. - The regulations require that operators using AI-generated images or videos in live e-commerce must clearly label such content and continuously inform consumers [2]. Group 2: Protection of Consumer Rights - The "Network Trading Platform Rules Supervision Management Measures" address issues like "refund only," "forced choice," and "big data discrimination," prohibiting platforms from unreasonably restricting operators' autonomy and charging unreasonable fees [3]. - The measures further specify illegal practices such as forced low-price sales and restrictions on consumer choices, enhancing protections for consumer rights [3]. Group 3: Transparency and Accountability - The new regulations emphasize the importance of transparency in platform rules, requiring platforms to publicly disclose rules clearly and understandably, especially regarding fees and dispute resolution [4]. - Platforms must inform operators and consumers of any negative management measures taken, including the rationale and basis for such actions, and provide channels for appeals [4].
数字人主播等人工智能生成内容纳入监管
Xin Lang Cai Jing· 2026-01-07 20:19
Core Viewpoint - The new regulations introduced by the State Administration for Market Regulation and the National Internet Information Office aim to enhance the supervision of online trading platforms, focusing on protecting the rights of operators and consumers while ensuring platform accountability [1]. Group 1: Regulation of AI-Generated Content - The "Live E-commerce Supervision Management Measures" include flow control as a regulatory tool and bring AI-generated content, such as digital human anchors, under supervision to prevent the misuse of new technologies for spreading false information [2]. - The regulations require that any AI-generated images or videos used in live e-commerce must be clearly labeled and continuously reminded to consumers [2]. Group 2: Protection of Consumer Rights - The "Network Trading Platform Rules Supervision Management Measures" specifically address issues like "only refunds," "forced choices," and "big data discrimination," prohibiting platforms from unreasonably restricting operators' autonomy or charging unreasonable fees [3]. - The measures further detail specific illegal practices such as forced low-price dumping and limiting consumer choices, enhancing the protection of consumer rights [3]. Group 3: Transparency and Accountability - The new regulations emphasize the importance of transparency in platform rules, requiring platforms to publicly disclose rules clearly and understandably, especially regarding fees and dispute resolution [4]. - Platforms must inform operators and consumers of any negative management measures taken, including the reasons and basis for such actions, and provide channels for appeals [4]. Group 4: Responsibilities of Live E-commerce Platforms - The "Live E-commerce Supervision Management Measures" outline the responsibilities of live e-commerce platform operators in areas such as qualification verification, information reporting, training mechanisms, and consumer rights protection [5].
《网络交易平台规则监督管理办法》正式发布
Zheng Quan Ri Bao Wang· 2026-01-07 11:59
Core Viewpoint - The National Market Supervision Administration and the National Internet Information Office have jointly issued the "Regulations on the Supervision and Management of Network Transaction Platform Rules" to standardize the formulation, modification, and execution of platform rules, aiming to maintain order in online transactions and protect the legitimate rights and interests of all parties involved in network transactions [1][2]. Group 1 - The regulations focus on the responsibilities of network transaction platform operators, emphasizing their obligations in the formulation, modification, and execution of platform rules, including information disclosure, public consultation, transitional period settings, and complaint channels [1]. - Platforms are required to establish mechanisms for communication and negotiation on significant matters related to platform rules and to resolve transaction disputes within the platform [1]. Group 2 - The regulations detail specific requirements for platforms regarding information, network, and data security, as well as the protection of the legitimate rights and interests of platform operators and consumers [2]. - Platforms must include clear information security clauses in their rules, specify norms for handling personal information, and fulfill obligations for protecting minors online [2]. - The regulations prohibit platforms from unreasonably restricting the autonomous business activities of operators, charging unreasonable fees or penalties, and unfairly altering rules that affect consumer rights [2]. Group 3 - The regulations strengthen law enforcement collaboration and improve the regulatory mechanism by requiring cooperation between market supervision and internet information departments [2]. - These departments are encouraged to share information, transfer leads, and conduct joint assessments, with the authority to interview platform leaders regarding compliance and necessary corrective actions [2]. - Platforms are encouraged to publish compliance reports and conduct self-assessments or engage third parties for compliance evaluations [2].
两部门:不得变相强制网络交易平台内经营者承担退款不退货等售后责任
YOUNG财经 漾财经· 2026-01-07 10:53
Core Viewpoint - The article discusses the newly released "Regulations on the Supervision and Management of Rules for Online Trading Platforms," which aims to standardize the formulation, modification, and execution of platform rules, ensuring the protection of the rights and interests of all parties involved in online transactions [2]. Group 1: Definition and Scope - The regulations define online trading platform operators as entities providing online business venues, transaction facilitation, and information publishing services for independent trading activities [3]. - The scope of platform operators has been refined to include those providing services such as social networking and live streaming, which facilitate online transactions [4]. Group 2: Responsibilities and Obligations - The regulations outline the responsibilities of platforms in the formulation, modification, and execution of rules, including obligations for information disclosure, public consultation, and the establishment of mechanisms for dispute resolution [4]. - Platforms must ensure that rules are clear and understandable, highlighting significant content related to fees and dispute resolution to protect the rights of operators and consumers [4]. Group 3: Consumer and Operator Protection - The regulations prohibit platforms from imposing unreasonable restrictions on operators' business activities, such as forcing operators to assume refund responsibilities without returns or participating in promotional activities [5]. - Platforms are also barred from engaging in price discrimination against operators under similar trading conditions [5]. Group 4: Enforcement and Collaboration - The regulations emphasize the need for collaboration between market regulation and cybersecurity departments, establishing mechanisms for information sharing and joint assessments [6]. - The regulations encourage platforms to publish compliance reports and engage in self-assessments or third-party evaluations to ensure adherence to the rules [6].