According to news from the State Administration for Market Regulation on the 29th, 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)” were announced recently. Among them, it is proposed that Internet platforms are planned to be divided into six categories: online sales platforms, life service platforms, social entertainment platforms, information and information platforms, financial service platforms, and computing application platforms, and are divided into super There are three levels of platform, large platform and small and medium platform.
Screenshot of the website of the State Administration for Market Regulation
Screenshot of the website of the State Administration for Market Regulation
A super platform refers to a platform that simultaneously has a super large user scale, super wide range of business, super high economic volume and super restrictive capabilities.
Ultra-large user scale, that is, the platform’s annual active users in China last year is not less than 500 million; ultra-wide business types, that is, the core business of the platform involves at least two types of platform businesses, which involve online sales, life services, social entertainment, information and 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 not less than RMB 100 billion; ultra-strong restriction ability, that is, the platform has a strong restriction on merchants’ contact with consumers ( User) capabilities.
The annual active users of large platforms in China last year were not less than 50 million; the market value (valuation) at the end of last year was not less than 100 billion yuan.
According to this standard, WeChat, Taobao, Alipay, Douyin and other apps will be managed in accordance with the super platform.
Guidelines for Implementing Subject Responsibilities of Internet Platforms (Draft for Solicitation of Comments)
In order to regulate the operating activities of the Internet platform, adhere to the equal emphasis on development and regulation, promote the healthy and sustainable development of the platform economy, implement the responsibilities of the platform, and protect the legitimate rights and interests of all parties, this guide is formulated in accordance with relevant laws, regulations and other regulatory documents.
Internet platform operators engaged in business activities must safeguard national and social public interests, protect people’s lives, health and property safety, follow the principles of voluntariness, equality, fairness, and integrity, comply with laws, regulations, rules and business ethics, public order and good customs, and insist on strengthening Open and innovate, participate in market competition fairly, earnestly fulfill statutory obligations, actively assume main responsibilities, and accept supervision from all walks of life.
Article 1 [Fair Competition Demonstration] Super-large platform operators have advantages in scale, data, technology, etc., and should play a leading role in fair competition demonstration.
(1) When conducting fair competition with the operators on the platform, do not use the non-public data generated or provided by the operators on the platform and their users when using the platform services without proper reasons.
(2) When the operators or users on the platform access, register, log in, and obtain the platform services they need, they shall not use the services provided by other related platforms as a prerequisite.
Article 2 [Equal Governance] Super-large platform operators shall abide by the principles of fairness and non-discrimination. When providing related products or services, the platform itself (or affiliates) and the operators on the platform shall be treated equally, and no self-preferential treatment shall be implemented.
Article 3 [Open Ecology] Super-large platform operators shall promote the interoperability of the services they provide with those provided by other platform operators under the premise of meeting safety and the protection of the rights and interests of relevant entities. Super-large platform operators have no legitimate and reasonable reasons and should provide convenience for other operators and users who meet the conditions to obtain the services they provide.
Article 4 [Data Management] Super-large platform operators shall establish and improve data security review and internal control mechanisms, and must strictly comply with laws and regulations regarding the processing of users’ personal information, cross-border data flows, and data development activities involving the public interest of the state and society. 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.
Article 5 [Internal Governance] Super-large platform operators shall set up platform compliance departments, continuously improve the internal compliance systems and compliance mechanisms of the platforms, and actively respond to the regulatory requirements of the regulatory authorities. A corruption prevention mechanism within the platform should be established to effectively prevent illegal acts such as commercial bribery of internal personnel on the platform. Should be established regularly within the platformeducateTraining mechanism to improve the overall awareness of the platform for operating in compliance with laws and regulations.
Article 6 [Risk Assessment] Super-large platform operators shall 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, which mainly include the following aspects:
(1) Spread illegal content;
(2) Infringement of the legitimate rights and interests of consumers;
(3) Failure to provide platform services normally, resulting in violations of the normal social life order, public interests, and national security.
When conducting risk assessments, super-large platform operators should focus on reviewing content review systems, advertising targeted recommendation systems, content recommendation and distribution systems, platform safe and stable operation systems, and various factors that may affect the aforementioned risks.
Article 7 [Risk Prevention and Control] Super-large platform operators shall take the following risk prevention and control measures in response to the specific platform operating risks specified in Article 6:
(1) Establish an internal mechanism for content review or ad recommendation review;
(2) Regularly release risk assessment reports and accept social supervision;
(3) Other emergency safeguard measures to prevent platform risks.
Article 8 [Security Audit] Super-large platform operators shall regularly entrust a third-party independent institution to audit the compliance with the main responsibilities stipulated in these guidelines, and the third-party independent institution shall issue a written audit report. The report should include the following:
(1) The name, address and contact information of the super-large platform to be audited;
(2) The name and address of the organization that conducts audit activities;
(3) The main conclusions of the audit;
(4) Operational recommendations for achieving compliance.
Article 9 [Promote Innovation] Super-large Internet platform operators shall make full use of resource advantages such as data, capital, talents, users and technology, increase investment in innovation, upgrade technical levels, organize core technology research, accelerate technological iteration, and support small and medium-sized technologies Enterprise innovation continuously stimulates the vitality of innovation and development in the field of platform economy.
Article 10 [Information Verification, Recording, Publicity] Internet platform operators shall verify and register the relevant subject information of the operators applying to enter the platform, establish registration files, and verify and update them regularly. Internet platform operators shall record and preserve the information of goods and services published on the platform and related transaction records in accordance with the law, and ensure the integrity, confidentiality, and availability of the information. Internet platform operators shall supervise and urge the operators on the platform to publicize the identity information of relevant subjects and the license qualification documents in accordance with the law.
Article 11 [User Management in the Platform] Internet platform operators shall implement the real-name system for network users in accordance with relevant laws and regulations, establish an effective management system for user behaviors in the platform, and ensure that user behaviors are legal, compliant, and comply with social ethics. Internet platform operators should take necessary measures including termination of services or restrictions on the provision of services for users on the platform who have violated laws and regulations to avoid the recurrence of relevant behaviors. Internet platform operators shall promptly report relevant users’ violations of laws and regulations to the competent authorities, and assist relevant authorities in investigations and accountability.
Article 12 [Platform Content Management] Internet platform operators shall establish an effective content management system based on the characteristics of the platform itself to avoid the dissemination of illegal information on the platform. When Internet platform operators discover information that violates laws and regulations, violates social public order and good customs, and has a negative impact on the network ecology, they should take warnings, restrict publication, stop transmission, eliminate information, suspend updates, and close accounts, and keep relevant records, depending on the circumstances. Report to the supervisory authority. The platform should set up convenient and fast links to facilitate users to report and complain about suspected violations of laws and regulations on the platform, respond in a timely manner and take necessary measures.
Internet platform operators must not infringe on the lawful rights and interests of others or seek illegal benefits by publishing, deleting information and other methods that interfere with the presentation of information. If the user has the above behavior, the Internet platform operator shall take relevant measures in a timely manner and report to the supervisory authority.
Article 13 [Control of Prohibition and Restriction of Sales] For the goods and services that laws, regulations and related normative documents expressly prohibit or restrict the sale and provision of goods and services, Internet platform operators shall dynamically establish a vocabulary review and management and control mechanism, and establish a platform review mechanism In addition to the daily inspection mechanism, violations of laws and regulations should be reported to relevant departments in a timely manner.
Article 14 [Service Agreement and Transaction Rules] Internet platform operators shall increase the transparency of the rules, and perform the information disclosure and reporting system related to the service agreement and transaction rules. Follow the rules for formulating and revising related public announcements, soliciting opinions, hearings and consultation procedures to ensure the openness, fairness and impartiality of relevant rules.
Article 15 [Credit Evaluation] Internet platform operators shall establish and complete a credit evaluation system for operators on the platform, publish credit evaluation rules, provide effective and simple ways for consumers to submit user evaluations and other users to view user evaluations, and to ensure consumption The right to credit evaluation and create a good environment for credit evaluation. 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. Encourage Internet platform operators to provide technical support and necessary cooperation for the effective presentation of national credit supervision related information on the platform, and promote the construction of Internet integrity.
Article 16 [Anti-Monopoly] Internet platform operators shall abide by laws, regulations, and rules in the field of anti-monopoly, and shall not engage in monopolistic activities such as monopoly agreements and abuse of dominant market positions. 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.
Article 17 [Anti-Unfair Competition] Internet platform operators must not use technological means to influence user choices or other means to implement unfair competition behaviors that hinder or disrupt the normal operation of network products or services legally provided by other operators. Internet platform operators must not engage in confusing behaviors that lead people to mistakenly believe that they are goods or services of others or have specific connections with others. Internet platform operators must not fabricate or disseminate false or misleading information to damage competitors’ business reputation or product reputation. Internet platform operators must not conduct false propaganda through false transactions, organize false transactions, etc., and must not assist operators on the platform to implement false transactions or provide conveniences for false transactions.
Article 18 [Data Acquisition] 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 induce or force users to log in and use other services provided by themselves for the purpose of merging personal data.
Article 19 [Algorithm Regulation] Internet platform operators need to abide by the principles of fairness, impartiality, and transparency when using the big data they have for product recommendation, order distribution, content push, price formation, performance evaluation, reward and punishment arrangements, etc. Abide by laws and regulations, respect social ethics and basic scientific ethics, and must not infringe upon the basic rights of citizens and the legitimate rights and interests of enterprises. For the use of algorithms that involve social public interests, they should abide by the relevant state regulations on algorithm supervision and accept social supervision.
Article 20 [Regulations on Price Behavior] Internet platform operators shall abide by price-related laws and regulations in the course of business operations, and shall not use platform rules, data, algorithms and other technical means to implement price discrimination, drive up prices, low-price dumping and other improper prices Behaviors must not use false or misleading price methods to lure consumers into transactions. When an Internet platform operator organizes activities such as concentrated sales promotion by the operators on the platform, it shall provide special compliance risk warnings for possible violations of laws and regulations in the price field, and take effective management measures.
Article 21 [Advertising Code of Conduct] Internet platform operators shall abide by the “Advertising Law” and relevant laws and regulations in the operation of the platform, and increase the advance warning and post-processing of illegal advertisements by the operators on the platform. Internet platform operators shall cooperate with relevant departments in the investigation and handling of illegal advertisements on the platform, provide necessary data, and assist in law enforcement.
Article 22 [Intellectual Property Protection] Internet platform operators shall establish targeted intellectual property protection rules and corresponding governance rules, perform intellectual property protection responsibilities, strengthen cooperation with intellectual property rights holders, and strictly perform intellectual property protection obligations. In the case of fault, bear the corresponding legal responsibility.
Article 23 [Prohibition of MLM] Internet platform operators shall not engage in MLM activities illegally, shall not publish MLM information, and shall not provide conveniences or Internet information services for MLM activities. Internet platform operators should cooperate with law enforcement agencies to investigate and deal with pyramid schemes.
Article 24 [Internet Black and Gray Property Management] Internet platform operators shall strengthen the rectification of illegal and criminal activities on the platform, purify the order of cyberspace, and build a healthy and orderly online business environment. Internet platform operators and regulatory authorities should actively communicate, establish and improve working mechanisms such as information sharing, consultation and notification, special rectification, and case assistance, and coordinate the management of online black and gray products.
Article 25 [Network Security] Internet platform operators shall, in accordance with the requirements of the network security level protection system, perform network security protection obligations, and protect the network from interference, damage or unauthorized access. Internet platform operators shall formulate emergency plans for network security incidents. When a network security incident occurs, they shall immediately activate emergency plans, take corresponding remedial measures, and report to the relevant competent authorities.
Article 26 [Data Security] Internet platform operators who carry out data processing activities shall, in accordance with relevant regulations, implement the relevant requirements of the data classification and classification protection system, establish and improve the whole-process data security management system, organize and carry out data security education and training, and take corresponding measures. Technical measures and other necessary measures to ensure data security. On the basis of the network security level protection system, perform data security protection obligations. Internet platform operators that process important data should clarify the person in charge of data security and the management agency.
Article 27 [Privacy of Natural Persons and Protection of Personal Information] Internet platform operators shall earnestly abide by national laws, regulations, and regulations related to the privacy and protection of personal information of natural persons in their operations, and perform their responsibilities for privacy and personal information protection of natural persons.
If the user’s personal information processed by the Internet platform operator is or may be leaked, tampered with, or lost, it shall take remedial measures in a timely manner and notify the natural person in accordance with regulations; if it causes or may cause serious consequences, it shall immediately report to the supervisory authority and cooperate with the supervisory authority. Investigate and handle, and assume corresponding responsibilities.
Article 28 [Consumer Protection] Internet platform operators shall protect the statutory rights of consumers and shall not deceive or mislead consumers. Internet platform operators shall establish convenient and effective online complaints, reports and dispute resolution mechanisms to assist consumers in safeguarding their rights and interests. Internet platform operators shall establish an internal supervision and inspection system for the goods and services released by the operators on the platform, and urge the operators on the platform to provide products and services that meet the requirements for the protection of personal and property safety. Internet platform operators shall undertake corresponding security guarantee obligations to protect the personal and property safety of consumers.
Article 29 [Protection of Operators on the Platform] Internet platform operators shall not use service agreements, transaction rules, technology and other means to impose unreasonable restrictions on the activities of the operators on the platform or attach unreasonable conditions, or operate on the platform They charge unreasonable fees. Internet platform operators are not allowed to use their own advantages in operating platforms to engage in unfair competition with operators on the platform.
Internet platform operators who determine to implement warnings, suspension or termination of services based on laws and regulations, platform service agreements and transaction rules against operators on the platform for violations of laws and regulations and breaches of contract shall promptly publicize and ensure that the operators on the platform take relevant measures The right to lodge a complaint and obtain relief.
Article 30 [Protection of Laborers] Internet platform operators shall abide by the relevant provisions of laws and regulations on labor protection. For the platform’s flexible employment personnel, the platform operator shall bear corresponding responsibilities to protect the physical and mental health of the practitioners, the safety of the working environment, and the right to obtain fair and reasonable remuneration and protection of personal accidental injury. Internet platform operators shall not restrict the flexible employment of platform personnel from employment on other Internet platforms.
Article 31 [Protection of Special Groups] Internet platform operators shall take necessary measures in the operation of the platform, fully implement the requirements of laws and regulations related to the protection of minors, and provide targeted services related to the physical and mental health and personality of minors. Develop appropriate network services to protect the legitimate rights and interests of minors in cyberspace.
Internet platform operators should take necessary measures to provide targeted network applications that are suitable for aging to ensure that the elderly and other people with obstacles can easily obtain the services provided by the platform. Internet platform operators should pay attention to the special needs of special groups for Internet services in their operations, and take necessary measures to provide the technical support they need to carry out normal activities on the platform.
Article 32 [Environmental Protection] Internet platform operators shall practice economy in their operations, oppose waste, and take necessary measures to encourage efficient use of resources. Internet platform operators should fulfill the environmental protection responsibilities stipulated by laws and regulations, promote the implementation of the concept of green e-commerce, promote the reduction and recycling of the outer packaging of the merchants on the platform, promote the use of degradable materials, and reduce the generation of solid waste in operations .
Article 33 [Tax Obligation] Internet platform operators shall abide by tax laws and administrative regulations, perform their tax obligations and withholding and payment obligations in accordance with the law, and submit the identity information and tax-related information of the operators on the platform to the tax authorities in accordance with regulations , And remind relevant entities to go through tax registration.
Article 34 [Cooperate with Law Enforcement] Internet platform operators shall actively cooperate with the supervision and law enforcement agencies in performing their duties, provide the law enforcement agencies with the data needed to perform their functions and conduct investigations in accordance with the procedures required by laws and regulations, and cooperate with the law enforcement agencies in monitoring . Internet platform operators and other operators shall keep the data of all links generated in the operation process in accordance with the law.
Article 35 [Application of this Guide] Super-large platform operators as defined in this Guide shall take relevant measures in accordance with laws and regulations, fulfill the obligations listed in this Guide, and implement the main responsibilities of the platform. Platform operators other than super-large platform operators shall take relevant measures in accordance with laws and regulations, fulfill the obligations listed in Articles 10 to 34 of this guide, and implement the main responsibilities of the platform.
When the Internet platform implements the main responsibilities listed in this guide, if one of the following situations exists, it can be adapted appropriately according to the specific situation:
(1) The implementation of the main responsibility of the platform will cause damage to public interests and national security;
(2) The implementation of the requirements for the main responsibility of the platform in specific circumstances is clearly beyond the control and technical capabilities of the platform operator, seriously affecting its normal business activities, and is of little significance to achieving the purpose of supervision;
(3) Circumstances where laws, regulations and other state policies provide for exceptions or modifications.
Where the above-mentioned flexible handling situations are applied, the basic principles of laws and regulations and the minimum linearity requirements shall not be violated.
[Supplementary Provisions] Related concepts involved in this guide
(1) Platform. The platform referred to in this guide is an Internet platform, which refers to a form of commercial organization that enables mutually dependent bilateral or multilateral entities to interact under the rules provided by a specific carrier through network information technology to jointly create value.
(2) Platform operators refer to legal persons and unincorporated organizations that provide Internet platform services such as business premises, transaction matching, and information release to natural persons, legal persons, and other market entities. Operators of self-built websites that sell goods or provide services through information networks such as the Internet can refer to this guide for platform operators.
(3) Operators on the platform refer to operators that provide goods or services on the Internet platform. While operating the platform, platform operators may also directly provide goods or services through the platform.
(4) A super-large platform refers to the fact that the annual active users in China in the previous year were not less than 50 million, the main business with outstanding performance, the market value (or valuation) at the end of last year was not less than 100 billion yuan, and the A platform that restricts the ability of operators on the platform to reach consumers (users).
(5) Platform flexible employment personnel refer to natural persons who accept job opportunities and tasks provided by Internet platform operators, give labor and obtain labor remuneration, and accept the management of Internet platform operators during the labor process.
Super platforms have to take super responsibility
The classification of Internet platforms is for the purpose of precise implementation of policies, with more targeted and standardized supervision to protect the rights and interests of users from infringement, and to promote better development of the platform.
On the one hand, super platforms have to assume super responsibilities and accept “super supervision”.
On the other hand, China’s super platforms are often the world’s leading companies in this field.
These platforms should give full play to their own advantages, achieve healthy and long-term development in standardized management, and become the vanguard of China’s establishment of global advantages in the digital economy era.