Classification and hierarchical management of Internet platforms is approaching. October 29,The State Administration for Market Regulation issued an announcement on the public consultation on the “Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)” and “Guidelines for the Implementation of Subject Responsibilities of Internet Platforms (Draft for Comments)”. The deadline for soliciting opinions is November 8.
Jiang Pan Securities Times
The “Guidelines for Classification and Classification” intends to divide Internet platforms into super platforms, large platforms, and small and medium platforms. Among them, the super platform’s annual active users in China last year were no less than 500 million, and the market value (valuation) at the end of last year was no less than RMB 1,000 billion. According to media reports, according to this standard, WeChat, Taobao, Douyin, Alipay and other apps will be managed in accordance with the super platform.
The reporter noted that in the “Guidelines for Responsibilities”, different main responsibilities of “super-large platforms” are distinguished from other platforms. Super-large platform operators are specifically required to establish and improve data security review and internal control mechanisms, and emphasize the Processing, cross-border data flow, and data development activities involving national and social public interests must be carried out in strict accordance with laws and regulations to ensure data security.
Internet platforms will be divided into six categories and three levels of management
The “Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)” proposes that, in light of the status quo of platform development in China, and based on the connection objects and main functions of the platform, the platforms are divided into online sales, life services, social entertainment, information and information, and finance. There are six categories of service and computing application.
At the same time, considering the size of users, types of services, and limited capabilities, the “Guide” divides Internet platforms into three levels: super platforms, large platforms, and small and medium platforms.
The “Classification and Classification Guidelines” clarify that the super platform refers to a platform that simultaneously has a super large user scale, super wide range of business types, super high economic volume, and super restrictive capabilities. Among them, the super-large user scale, that is, the platform’s annual active users in China last year, is not less than 500 million; the super-wide business type, that is, the core business of the platform involves at least two types of platform business, which involves online sales, life services, social entertainment, Information, financial services, computing applications, and other six aspects; ultra-high economic volume, that is, the market value (valuation) of the platform at the end of last year is no less than RMB 100 billion; ultra-strong restriction capability, that is, the platform has strong restrictions on merchants’ exposure to consumption The ability of the person (user).
Large-scale platforms refer to platforms that simultaneously have a larger user scale, a wider range of business types, a larger business scope, a higher economic volume, and stronger restrictive capabilities. Among them, the larger user scale, that is, the platform’s annual active users in China last year is not less than 50 million; the wider business category, that is, the platform has outstanding main businesses; the higher economic volume, that is, the market value of the platform at the end of the year ( Valuation) not less than 100 billion yuan; strong restriction capability, that is, the platform has a strong ability to restrict merchants from contacting consumers (users).
According to the “Economic Daily”, WeChat, Taobao, Douyin, Alipay and other apps will be managed in accordance with the super platform.
Large platforms will take greater responsibility
Based on clear classification and grading, the “Guidelines for Implementing Subject Responsibility of Internet Platforms (Draft for Comment)” regulates 34 aspects including fair competition demonstration, equal governance, open ecology, anti-monopoly, anti-unfair competition, algorithm rules, and price behavior norms. .
Among them, especially for super-large platform operators, the regulations are separately conducted from 9 aspects. Among them, in terms of fair competition demonstration, super-large platform operators are required to not use the non-public data generated or provided by the platform operators and their users when they use platform services without proper reason when they are in fair competition with the operators on the platform; When the operators or users on the platform access, register, log in, and obtain the platform services they need, they do not use the services provided by other related platforms as a prerequisite.
In terms of data management, super-large platform operators should establish and improve data security review and internal control mechanisms. Data development activities involving the processing of users’ personal information, cross-border data flows, and national and social public interests must be carried out in strict accordance with laws and regulations. To ensure data security. Super-large platform operators shall determine the person responsible for data security, and specify the list of relevant personnel and contact information.
In terms of risk assessment, super-large platform operators are required to conduct a risk assessment at least once a year to identify, analyze, and evaluate various risks that may be caused by the Internet platform services they provide.
According to the document, operators belonging to the scope of super platforms and large platforms will bear special responsibilities.
The reporter noticed that many scholars affirmed the requirement for super-large platform operators to “not implement self-preference” when interpreting the document, and believed that writing it into the “Guidelines for Responsibility” will help create a fairer business environment, and is consistent with the recent The Internet “demolition of the wall” that has been promoted is in the same line.
Clarify that Internet platforms must not restrict workers from working on multiple platforms
For all Internet platform operators, the “Responsibility Guidelines” require that Internet platform operators must not illegally delete or tamper with relevant user evaluation content, and have to interfere with the normal presentation of user evaluations.
Internet platform operators shall perform their reporting obligations in accordance with relevant laws and regulations before implementing the concentration of operators, and shall not implement the concentration before obtaining the approval of the relevant departments.
Without the user’s consent, Internet platform operators may not combine personal data obtained through platform services with personal data from other services or third-party services.
Internet platform operators shall not restrict the flexible employment of platform personnel from employment on other Internet platforms.
Internet platform operators shall submit the identity information of the operators on the platform and tax-related information to the taxation department in accordance with regulations, and prompt relevant entities to handle tax registration.
Among them, “No restrictions on the employment of platform flexible employees on other Internet platforms” has been clearly put forward at the State Council executive meeting held on July 7 this year.
Xue Jun, a professor at Peking University Law School, said that the “Guide” emphasizes the implementation of reasonable classification requirements for different types of platforms, rather than “one size fits all” for various types of platforms. This is a more pragmatic approach. For this reason, the document distinguishes between “super large platforms” and other platforms, and proposes common but differentiated regulatory requirements for the two, which focuses on the key points and makes regulatory measures more targeted.
Xue Jun believes that the document’s summary and summary of relevant responsibilities are based on the basis of current laws and regulations, and on the basis of ensuring that there are rules to follow, the platform implements the relevant points of responsibility in various aspects, summarizes and refines, which is helpful. Based on this document, platform companies sort out the main areas and key points of compliance operations. The issuance of the document has important value for the formation of a good supervision and compliance management relationship between the regulatory authorities and the major platform companies.
original title:
WeChat, Taobao, Douyin may welcome “super supervision”! Two blockbuster documents clarify the key points of Internet platform management, and super large platforms will assume greater responsibility
