"The fundamental purpose of issuing this method is to regulate online transactions and service behaviors, protect the legitimate rights and interests of consumers and operators, and promote the continuous and healthy development of network economy," said a person in charge of relevant departments of the State Administration for Industry and Commerce when interviewed by our reporter regarding the "Interim Measures for the Administration of Online Commodity Transactions and Related Service Behaviors (Draft for Soliciting Comments)" issued on April 2 (hereinafter referred to as the "Interim Measures").
Real-name Registration - Natural Persons Submitting True Information to Open Online Stores
Among those who open stores online are some natural persons such as students. The Interim Measures stipulate that natural persons engaging in commodity transactions and related service behaviors through the network should apply to the operator providing the network trading platform service and submit their true identity information such as their name and address. If they meet the registration conditions, they should legally register with the industry and commerce department.
The operator providing the network trading platform service should review and register the true identity information of natural persons who temporarily do not meet the conditions for industrial and commercial registration but wish to provide goods or services online. They should establish registration files and regularly verify and update them, and approve applications from those who already meet the conditions for industrial and commercial registration. Personal real identity information records and other information record backups must be kept for no less than two years.
For legal entities, other economic organizations, or individual businesses that have obtained business licenses, when engaging in online commodity transactions and providing services, they should prominently display the information registered on their business license or the electronic link identifier of their business license on the main page of their website or on the web pages where they conduct business activities.
The operator providing the network trading platform service should take technical means such as data backup and fault recovery to ensure the integrity and security of network transaction data and materials, and ensure the authenticity of the original data.
Privacy Protection - Consumer Information Not Disclosed to Third Parties
Regarding issues like reselling and stealing online consumer personal information, the Interim Measures stipulate that network commodity operators and network service operators bear the obligations of safekeeping, reasonable use, limited holding, and proper destruction of the collected consumer information; they may not collect information unrelated to the provision of goods and services, misuse it improperly, disclose it, lease it, or sell it. However, exceptions are made if otherwise provided by laws and administrative regulations.
The operator providing the network trading platform service should take necessary measures to protect the security of data and material information involving the trade secrets of operators or the personal information of consumers. Without the consent of the parties involved in the transaction, they may not disclose, transfer, use, or sell the lists of parties involved in the transaction, transaction records, and other data involving the trade secrets of operators or the personal information of consumers to any third party, except as otherwise provided by laws and administrative regulations.
Violations of these provisions that infringe upon consumer personal information will result in warnings, orders to rectify within a time limit, and fines of up to 10,000 yuan for those who fail to correct after the deadline.
Additionally, it is stipulated that network commodity operators and network service operators may not infringe upon the exclusive right to use registered trademarks, enterprise names, and other rights of others. They may not use network technology methods or carriers to implement unfair competition behaviors that damage the commercial credibility and reputation of other operators or infringe upon the trade secrets of right holders.
Online Rights Protection - Electronic Purchase Vouchers Can Be Used as Complaint Bases
Regarding the relatively concentrated consumer feedback on uneven quality of online commodities and difficulties in protecting rights, the Interim Measures stipulate that network commodity and service operators should explain to consumers in advance the main information about the goods or services, such as name, type, quantity, quality, price, freight, delivery method, payment form, return and exchange method, etc., and provide goods or services according to the commitment. At the same time, they should ensure the integrity of goods and services, not unreasonably split goods and services for sale, not set minimum consumption standards, and not charge unreasonable fees.
When network commodity operators and network service operators provide electronic format contract terms, they should adopt reasonable and significant ways to draw the attention of consumers to the clauses significantly related to the rights and interests of consumers and explain these clauses according to the requirements of consumers. They may not make provisions that are unfair or unreasonable to consumers through electronic format contract terms, or reduce, exempt the obligations and responsibilities of operators, or exclude or restrict the main rights of consumers.
If consumers require network commodity operators and network service operators to issue purchase vouchers or service receipts, the operators should issue them. The issuance of purchase vouchers or service receipts to consumers should comply with relevant national regulations or commercial practices; if agreed by consumers, they can be issued in electronic form. Electronic purchase vouchers or service receipts can be used as the basis for handling consumer complaints.
Categorized Supervision - Jurisdiction of the Industrial and Commercial Department Where the Website Operator Is Located
In reality, websites and online stores are often located in different places. When encountering illegal business operations, to which local industrial and commercial department should consumers complain? The Interim Measures stipulate that the industrial and commercial department at or above the county level where the operator of the website where the illegal act occurred resides has jurisdiction over illegal acts in network commodity transactions and related services. If the industrial and commercial department where the operator of the website resides has difficulty in handling illegal acts in other places, it may transfer the illegal situation of the offender to the industrial and commercial department where the offender resides for handling.
Operators providing network trading platform services should actively assist the industrial and commercial department in investigating and dealing with illegal business operations online, provide registration information, transaction data backups, and other materials of operators conducting illegal business operations within their network trading platforms, and not conceal the true situation. When evidence needs to be collected, they should assist in collecting evidence and not refuse or obstruct administrative law enforcement inspections under various pretexts.
Industrial and commercial departments at or above the county level should establish credit files, http://blog2.poco.cn/myBlogDetail-htx-id-4559150-userid-55124033-pri--n-0.xhtml. Record results of daily supervision and inspection, situations of illegal act handling, etc.; based on the records in the credit files, implement credit classification supervision for network commodity operators and network service operators.
If business and services violate the provisions of industrial and commercial administrative management laws and regulations seriously and need measures to stop illegal activities, the industrial and commercial department should request the communication management department where the website permit is located to order the temporary shielding or cessation of access services for the illegal website according to law. After the industrial and commercial department makes administrative penalties for website violations and needs to close down the illegal website, it should request the communication management department where the website permit is located to close down the illegal website according to law.
Shandong Lawyers Network http://sdlvshi.org/