网络交易
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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]
构建互利共赢的平台治理机制
Zhong Guo Jing Ji Wang· 2026-01-09 06:49
Core Viewpoint - The introduction of the "Regulations on the Supervision and Management of Online Trading Platforms" is significant for regulating cutthroat competition, establishing a mutually beneficial governance mechanism for online trading platforms, protecting the legitimate rights and interests of all parties in the platform ecosystem, and promoting the healthy and sustainable development of the platform economy [1] Group 1: Regulatory Framework - The platform rules encompass service agreements and various transaction and governance rules established by online trading platform operators, possessing dual legal attributes [2] - The necessity for administrative supervision of platform rules is emphasized to ensure fairness and public interest, as existing laws do not sufficiently clarify certain issues [2] Group 2: Participation Rights - The regulations detail the procedural requirements for formulating and modifying platform rules, ensuring the participation and right to know for all parties, especially platform operators [3] - A seven-day public notice period is mandated before implementing general rules, and platforms must not coerce or induce operators or consumers to agree to new rules [3] Group 3: Execution and Appeal Mechanisms - New systems are established to safeguard the rights of platform operators and consumers to appeal and seek redress, addressing gaps in existing legal frameworks [4] - Platforms are required to inform operators and consumers of the facts and legal basis for any actions taken against them, ensuring timely and fair responses to appeals [4] Group 4: Focus on Operator Autonomy - The regulations address issues of excessive competition and the imposition of unreasonable conditions on operators, such as mandatory refund policies and unreasonable fees [5][6] - The regulations aim to prevent platforms from imposing unfair restrictions or additional unreasonable conditions on operators, thereby establishing a long-term mechanism to regulate cutthroat competition [6] Group 5: Collaborative Governance - The regulations encourage the establishment of a combined internal and external supervision mechanism for platform rules, promoting collaborative governance [7] - Platforms are urged to conduct self-assessments of compliance and seek external evaluations to enhance governance capabilities and optimize rules [7]
优化网络交易平台规则监督管理的制度框架
Zhong Guo Jing Ji Wang· 2026-01-09 06:49
Core Viewpoint - The rapid development of platform economy in China has led to significant roles played by large online trading platforms in the social economy, necessitating the establishment of effective rules and regulations to ensure order and protect the rights of all parties involved [1] Group 1: Issues in Platform Rule Management - There are notable issues in the practices of platform operators regarding the formulation, modification, and execution of platform rules, including arbitrary rule-making, abuse of rule-making authority, lack of transparency in rule enforcement, and inadequate appeal mechanisms for penalized merchants [1] - The implementation of the E-commerce Law since January 1, 2019, has mandated platform operators to create reasonable platform rules and maintain order within the platform [1] Group 2: New Regulatory Framework - The State Administration for Market Regulation and the National Internet Information Office have jointly developed the "Regulations on the Supervision and Management of Network Trading Platform Rules" to address the issues identified in platform rule management [2] - The new regulations aim to balance self-governance by platforms with external supervision, emphasizing the importance of external oversight to ensure the long-term development of the platform economy [2] Group 3: Design of Supervision Framework - The regulations combine procedural and substantive controls to ensure effective supervision and management of platform rules, focusing on transparency and the rights of stakeholders [3] - The framework encourages participation from various stakeholders, including platform operators and third-party organizations, in the governance and supervision of platform rules [3] Group 4: Highlights of the New Regulations - The regulations enhance the requirement for public disclosure of platform rules and increase transparency, including the establishment of user-friendly search functions for easy access to rule content [4] - A new requirement mandates platforms to publicly solicit opinions on rule modifications and maintain records of feedback, ensuring that reasonable suggestions are considered and documented [4] - Strict regulations are imposed on platforms that use technical means to coerce or mislead users into agreeing to rules without proper understanding, addressing the issue of "dark patterns" [5] Group 5: Execution of Platform Rules - The regulations strengthen procedural safeguards for both platform operators and consumers, requiring platforms to provide clear factual and legal bases when taking punitive actions against merchants [6] - The rules also stipulate fair allocation of the burden of proof in disputes between merchants and consumers, aiming to prevent abuse of power and ensure integrity in the enforcement process [6]
数字人主播纳入监管 “会员降权”被明令禁止
Xin Lang Cai Jing· 2026-01-08 00:25
Core Viewpoint - The recent issuance of the "Regulations on the Supervision and Management of Online Trading Platforms" and the "Supervision and Management Measures for Live E-commerce" aims to create a fair, transparent, and trustworthy online trading ecosystem, emphasizing the responsibilities of platforms and protecting the rights of operators and consumers [1][2]. Group 1: Live E-commerce Regulations - The "Supervision and Management Measures for Live E-commerce" focuses on four main entities: platform operators, live stream room operators, live marketing personnel, and service agencies for live marketing, establishing clear responsibilities and regulatory boundaries [2]. - The regulations include measures to control traffic and incorporate artificial intelligence-generated content into the regulatory framework to prevent the misuse of new technologies for spreading false information [2]. - Specific actions that platform operators must take in response to violations by live stream operators and marketing personnel include warnings, limiting functionalities, suspending live broadcasts, and blacklisting offenders [2]. Group 2: Online Trading Platform Regulations - The "Regulations on the Supervision and Management of Online Trading Platforms" addresses issues such as "refund only," "choose one from two," and "big data discrimination," aiming to protect the rights of all parties involved [3]. - The regulations prohibit platforms from unreasonably restricting operators' autonomy, charging unreasonable fees, or imposing unfair penalties, thereby safeguarding the rights of merchants and consumers [3]. - The regulations further detail specific illegal practices, including "choose one from two," charging without providing services, forced low-price dumping, and coercing participation in promotional activities with fees [3].
完善平台规则和直播电商监管
Xin Lang Cai Jing· 2026-01-07 22:25
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 and live e-commerce, focusing on platform responsibilities and consumer protection. Group 1: Regulation of Live E-commerce - The "Live E-commerce Supervision Management Measures" strengthen regulatory tools by including traffic control and AI-generated content, such as digital human anchors, to prevent the misuse of technology for spreading false information [1] - Live e-commerce platforms are required to take immediate action against violations reported by regulatory authorities, including warnings, limiting functions, and account closures [2] - The measures also mandate that AI-generated images and videos used in live e-commerce must be clearly labeled and continuously disclosed to consumers [2] Group 2: Protection of Platform Operators and Consumers - The "Network Trading Platform Rules Supervision Management Measures" focus on protecting the rights of all parties involved, prohibiting unreasonable restrictions on platform operators and unfair fees [3] - Specific illegal practices such as "only refunds," "forced choices," and "big data killing familiarity" are explicitly detailed to ensure fair treatment of consumers and operators [3] - The regulations enhance the transparency and public accessibility of platform rules, requiring platforms to clearly display rules and provide reasons for negative actions taken against operators [4] Group 3: Responsibilities of Platforms - Platforms are designated as key players in the live e-commerce ecosystem, with responsibilities outlined in various laws and regulations [4] - The regulations require platforms to continuously publicize their rules, ensuring clarity and ease of understanding for both operators and consumers [4] - Platforms must inform consumers of any changes to membership services and provide channels for appeals regarding penalties or damages [4]
市场监管总局等两部门出台新规 压实网络交易平台责任 不得大数据“杀熟”
Shang Hai Zheng Quan Bao· 2026-01-07 17:51
Core Viewpoint - The recent joint release of the "Network Transaction Platform Rule Supervision Management Measures" and "Live E-commerce Supervision Management Measures" by the State Administration for Market Regulation and the National Internet Information Office establishes regulatory guidelines for compliance in live e-commerce and online platforms, aiming to protect consumer rights and enhance regulatory mechanisms [1][2]. Group 1: Live E-commerce Supervision - The "Live E-commerce Supervision Management Measures" clarify the legal responsibilities of various stakeholders, including platform operators, live room operators, and marketing personnel, across three phases: pre-operation, during operation, and post-operation [2]. - Flow control is now included in the regulatory framework, requiring platform operators to take timely actions against violations reported by regulatory authorities, such as warning, limiting functions, or even closing accounts [2]. - The measures mandate that AI-generated content, such as digital human hosts, must be clearly labeled to prevent the spread of false information, ensuring consumer awareness [2]. Group 2: Network Transaction Platform Rules - The "Network Transaction Platform Rule Supervision Management Measures" prohibit platforms from unreasonably restricting the autonomous operations of platform operators or imposing unreasonable fees and penalties [3]. - Platforms are required to publicly disclose rules clearly and prominently, with a minimum notice period of seven days for general rule changes and fifteen days for significant changes [3]. - The measures emphasize the need for platforms to inform operators and consumers of any negative management actions, including penalties, and to provide channels for appeals [3]. Group 3: Future Directions - The National Internet Information Office plans to collaborate with the State Administration for Market Regulation to ensure that online platforms eliminate unfair and unreasonable rules related to information and data security, thereby promoting a healthy development of the platform economy [4].
两项新规齐发!剑指“大数据杀熟”“仅退款”与直播乱象
券商中国· 2026-01-07 12:19
Core Viewpoint - The newly released regulations by the State Administration for Market Regulation and the National Internet Information Office aim to address issues such as "refund only" and "lowest price on the internet," as well as problems related to counterfeit goods and false marketing in live e-commerce [1][5]. Group 1: Platform Rules Supervision - The "Platform Rules Supervision Measures" enhance the responsibilities of platform enterprises by focusing on four key areas: transparency in procedures, fairness in execution, protection of rights, and social co-governance [2]. - The new regulations require platforms to publicly disclose rules and modifications, ensuring clarity and accessibility for merchants and consumers [3]. - Platforms must establish a mechanism for regular communication and consultation regarding significant rule changes, ensuring all stakeholders' opinions are considered [4]. Group 2: Live E-commerce Regulation - The "Live E-commerce Supervision Measures" clarify the legal responsibilities of various participants in the live e-commerce ecosystem, including platform operators and marketing personnel, to combat issues like counterfeit goods and false marketing [5]. - The regulations introduce innovative supervisory tools, including flow control mechanisms, to manage the unique characteristics of the live e-commerce industry [5]. - The new rules also address the regulation of digital human hosts and AI-generated content, ensuring that such technologies do not facilitate the spread of false information [6].
国家网信办:督促网络交易平台排查不公平、不合理规则
Xin Lang Cai Jing· 2026-01-07 11:01
Group 1 - The core viewpoint of the news is that the National Internet Information Office and the State Administration for Market Regulation will work together to enhance the supervision of online trading platforms, ensuring fair rules and protecting the rights of operators and consumers [1][2]. Group 2 - The first major action taken is to strengthen the management of sales information content, focusing on product descriptions, user reviews, and search recommendations, while cracking down on false marketing behaviors [1][2]. - The second action involves increasing efforts to address malicious marketing information, including false portrayals and violations of public morals, by establishing clear standards for review and complaint channels [2]. - The third action is a strict crackdown on "internet water army" activities that fabricate false data, with a collaborative approach to establish a long-term governance mechanism [2]. - The fourth action focuses on personal information protection, conducting special campaigns to address illegal collection and use of personal data across various platforms and services [2].
不得大数据“杀熟”!两部门发布新规
Xin Lang Cai Jing· 2026-01-07 03:08
规范平台规则 两部门发布新规 新华社北京1月7日电(记者赵文君)记者7日从市场监管总局获悉,市场监管总局和国家网信办近日联 合发布《网络交易平台规则监督管理办法》,旨在规范网络交易平台规则制定、修改和执行,维护网络 交易秩序,保护网络交易各方主体合法权益。 办法要求,平台在其平台规则中明确信息安全条款,明确平台内经营者处理个人信息的具体规范以及平 台内经营者的未成年人网络保护义务等,还规定了平台在信息公示、公开征求意见、过渡期设置、申诉 渠道设置等方面的义务,要求平台建立健全平台规则重大事项沟通协商、平台内交易纠纷解决等机制。 办法提出,市场监管、网信部门加强部门协作,建立健全两部门线索移交、信息共享、会商研判等工作 机制。办法还倡导社会共治,鼓励平台发布平台规则合规报告,主动开展合规自评。 直播电商监管新规出台 压实四类主体责任 新华社北京1月7日电(记者赵文君)记者7日从市场监管总局获悉,市场监管总局和国家网信办近日联 合发布《直播电商监督管理办法》。 办法聚焦直播电商平台经营者、直播间运营者、直播营销人员、直播营销人员服务机构四类主体,压实 责任义务,划定行为红线,完善监管机制。 办法系统规定了直播电商 ...
聚焦“关键少数” 两部门新规剑指大数据杀熟
Bei Jing Shang Bao· 2026-01-07 02:57
《办法》明确平台在制定、修改和执行平台规则过程中应当履行的责任义务。《办法》规定了平台在信 息公示、公开征求意见、过渡期设置、申诉渠道设置等方面的义务,要求平台建立健全平台规则重大事 项沟通协商、平台内交易纠纷解决等机制。 《办法》细化平台在保障信息、网络和数据安全,保护平台内经营者和消费者合法权益等方面的具体要 求。《办法》要求平台在其平台规则中明确信息安全条款,明确平台内经营者处理个人信息的具体规范 以及平台内经营者的未成年人网络保护义务等。同时,《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。 《办法》强化执法协作,完善监管机制。《办法》要求市场监管、网信部门加强部门协作,建立健全两 部门线索移交、信息共享、会商研判等工作机制。规定两部门可依据职责对平台有关负责人进行约谈, 要求其说明情况,采取措施进行整改。倡导社会共治,鼓励平台发布平台规则合规报告,主动开展合规 自评或者引 ...