All technical contents of this specification are recommended.
According to the relevant national laws and regulations, refer to the Administrative Measures of the People's Republic of China on Internet Information Services (the State Council Order No.292, 2000), the Guiding Opinions on Online Trading of the Ministry of Commerce (Announcement No.0/9, 2007) and the Interim Measures for the Administration of Online Commodity Trading and Related Services of the State Administration for Industry and Commerce (SAIC).
This specification was proposed by the Ministry of Commerce of People's Republic of China (PRC).
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E-commerce service industry is a new industry based on the application of information technology and the demand of economic development, which plays an important leading role in the overall social situation and sustainable development. China e-commerce is in a period of rapid development. Strengthening the standardization of e-commerce is of great significance for promoting the transformation of economic growth mode and promoting sound and rapid economic and social development.
The third-party e-commerce trading platform plays an important role in the development of e-commerce service industry. The third-party e-commerce trading platform not only communicates the online trading channels between buyers and sellers, greatly reduces the transaction cost, but also opens up a new field of e-commerce service industry. Strengthening the service standard of the third-party e-commerce trading platform plays a very important role in maintaining the order of e-commerce transactions and promoting the healthy and rapid development of e-commerce.
In order to regulate the business activities of third-party e-commerce trading platforms, protect the legitimate rights and interests of enterprises and consumers, create a fair and honest trading environment, ensure transaction safety, and promote the rapid development of e-commerce, this Code is formulated in accordance with relevant laws, regulations and relevant policy documents of People's Republic of China (PRC).
1. range
This Code specifies the code of conduct for engaging in the services and business activities of third-party e-commerce trading platforms within the territory of People's Republic of China (PRC), unless otherwise stipulated by laws and regulations.
The Ministry of Commerce is responsible for the interpretation of this Code.
2. Normative reference documents
The following documents were referenced in the drafting of this specification
(1) Measures of the People's Republic of China on the Administration of Internet Information Services (the State Council Decree No.292 of 2000)
(2) Guiding Opinions on Online Trading (Provisional) issued by the Ministry of Commerce (AnnouncementNo. 19, 2007);
(3) Interim Measures for the Administration of Online Commodity Trading and Related Services of the State Administration for Industry and Commerce (Order No.49 of the State Administration for Industry and Commerce No.20 20 10/0);
(4) The national standard "Model Specification for Electronic Commerce" (SB/T10518-2009);
(5) The national standard "Online Transaction Service Specification" (SB/T10519-2009);
(6) National standard "Specification for Electronic Trading of Bulk Commodities" (GB/T18769—2003);
(7) National standard B2B\B2C E-commerce Service Platform (GB/T24661.2-2009);
(8) Administrative Measures for the Protection of Information Security Levels (Guo Tu Zi [2007] No.43) issued by the Ministry of Public Security, the State Secrecy Bureau, the State Cryptography Administration and the the State Council Press Office.
Compared with the above documents, this specification highlights two characteristics:
(1) The emphasis of regulation is different. This Code focuses on the management of subjects, regulates the relationship between transaction subjects, and puts forward normative provisions from a legal perspective.
(2) Different writing methods. The specification does not specify all the behaviors of third-party trading platforms in detail, mainly because the existing documents provide detailed and static regulations on e-commerce trading activities. This specification mainly aims at the adjustment of the relationship between transaction subjects that is not considered in the existing documents and standards, and regards this adjustment as a dynamic and systematic activity.
3. Terms and definitions
3. 1 E-commerce
E-commerce as mentioned in this specification refers to all kinds of business activities carried out by the parties or participants in the transaction by using modern information technology and computer networks (including information networks such as the Internet and mobile networks), including goods transactions, service transactions and intellectual property transactions.
3.2 Third-party e-commerce trading platform
The third-party e-commerce trading platform (hereinafter referred to as the third-party trading platform) refers to the sum of information network systems that provide transaction matching and related services for two or more parties in e-commerce activities.
3.3 Platform operators
Operators of third-party trading platforms (hereinafter referred to as platform operators) refer to natural persons, legal persons and other organizations that have registered with the administrative department for industry and commerce and obtained business licenses, engaged in the operation of third-party trading platforms and provided services for both parties to the transaction.
3.4 Station Operator
In-station operators of third-party trading platforms (hereinafter referred to as in-station operators) refer to natural persons, legal persons and other organizations engaged in trading and related service activities on e-commerce trading platforms.
4. Basic principles
4. 1 Principles of justice, fairness and openness
Platform operators shall follow the principles of justice, fairness and openness when formulating and amending business rules and handling disputes.
4.2 Business isolation principle
If a platform operator is also engaged in the in-station business, it shall separate the platform service from the in-station business and publicize it on its own third-party trading platform.
4.3 Principles of encouragement and promotion
Encourage the establishment and operation of third-party trading platforms according to law, and encourage the construction of a technical support system conducive to the development of platforms.
Encourage platform operators, industry associations and relevant organizations to explore e-commerce credit evaluation system, transaction security system and convenient small dispute resolution mechanism to ensure the fairness and security of transactions.
5. Establishment of third-party trading platform and basic code of conduct
5. 1 conditions for establishment
The establishment of a third-party e-commerce trading platform shall meet the following conditions:
(1) Having hardware facilities suitable for its business and scale;
(2) Having a computer information system and a safe environment to ensure the normal transaction;
(3) Having managers, technicians and customer service personnel suitable for the business scale of the trading platform;
(4) Meet other conditions stipulated by laws, regulations and rules such as People's Republic of China (PRC) Telecommunication Regulations, Measures for the Administration of Internet Information Services, Interim Measures for the Administration of Online Commodity Trading and Related Services, and Measures for the Administration of Electronic Certification Services.
5.2 Market Access and Administrative Licensing
Platform operators shall handle industrial and commercial registration according to law; Where an administrative license is involved, an administrative license shall be obtained from the competent department.
5.3 Information disclosure of platform operators
The platform operator shall publicize the following information in a prominent position on the main page of its website or the webpage engaged in business activities:
(1) business license, organization code certificate, tax registration certificate and various business licenses;
(2) the electronic verification mark for the registration or filing of Internet information service license;
(3) Contact information such as enterprise address, postal code, telephone number and e-mail address, and the service address of legal documents;
(4) Contact information of regulatory authorities or consumer complaint agencies.
(5) Other information required to be disclosed by laws and regulations.
5.4 Maintenance of trading platform facilities and operating environment
The platform operator shall ensure the normal operation of all kinds of hardware and software facilities in the trading platform, and keep the fire, health and safety facilities in a normal state.
Platform operators shall, in accordance with the relevant provisions and requirements of the national information security level protection system, build, operate and maintain the network trading platform system and auxiliary service system, implement technical measures for Internet security protection, monitor the operating state of the trading system in real time according to law, maintain the normal operation of the platform trading system, and deal with network security accidents in a timely manner.
A third-party e-commerce trading platform with a daily transaction volume exceeding 654.38 billion yuan (including 654.38 billion yuan) shall set up a remote disaster backup system and establish a disaster recovery system and emergency plan.
5.5 Data storage and query
The platform operator shall properly keep all the transaction and service information published on the platform and take corresponding technical measures to ensure the integrity, accuracy and security of the above information. The identity information of station operators and counterparties shall be kept for at least two years from the date of their last login; Transaction information shall be kept for at least two years from the date of occurrence.
Station operators have the right to inquire, download or print their own trading information during the storage period.
Encourage third-party trading platforms to back up their information in different places, and provide external inquiry, download or printing services through independent data service institutions.
5.6 Formulate and implement the platform transaction management system.
Platform operators shall provide standardized online trading services and establish and improve various rules and regulations, including but not limited to the following systems:
(1) user registration system;
(2) Platform trading rules;
(3) Information disclosure and auditing system;
(4) Privacy and trade secret protection system;
(5) Consumer rights protection system;
(6) Advertising release review system;
(seven) transaction security and data backup system;
(8) dispute settlement mechanism;
(9) reporting and handling mechanism of bad information and junk information;
(10) Other systems stipulated by laws and regulations.
Platform operators shall regularly check the implementation of the online transaction management system within the platform, and take timely improvement measures according to the inspection results.
5.7 User Agreement
The user agreement of the platform operator and its changes shall be publicized at least 30 days in advance, and if it involves consumer rights, it shall be copied to the local consumer rights protection agency.
The user agreement shall include but not limited to the following contents:
(1) user registration conditions;
(2) Trading rules;
(3) Protecting privacy and business secrets;
(4) Procedures for modifying the user agreement;
(5) dispute settlement methods;
(6) Agreements and specific jurisdictions governed by the laws of China;
(7) Relevant liability clauses.
Platform operators should use technology and other means to guide users to read the user agreement completely, and reasonably prompt trading risks, liability restrictions and liability exemption clauses, but they should not exempt themselves from liability, aggravate users' obligations or exclude users' legal rights.
5.8 Trading Rules
Platform operators shall formulate and publish trading rules. The modification of trading rules shall be publicized at least 30 days in advance. If the user doesn't accept the modification, he can quit in writing within 60 days from the date of the modification announcement. Platform operators shall properly handle the withdrawal of users in accordance with the original trading rules.
5.9 Termination of operation
If the third-party trading platform is closed for other reasons, it shall notify the operators in the station one month in advance and settle the financial and related procedures with the operators in the station.
Where the third-party trading platform involving administrative license terminates its operation, the platform operator shall report to the administrative department one month in advance; And through the contract or other means, ensure to continue to provide after-sales service to consumers within a reasonable time.
5. 10 platform transaction statistics
Platform operators shall make statistics on market transactions, fill in statistical statements and submit them to relevant administrative departments regularly.
6. Management and guidance of platform operators to station operators
6. 1 Station Operator Registration
(1) Natural persons who engage in commodity trading and related services through third-party trading platforms need to apply to the platform operators, and submit necessary information such as identity documents or business licenses, business addresses and contact information.
(2) Legal persons and other organizations engaged in commodity trading and related services through third-party trading platforms need to apply to the platform operators and submit business licenses or other business license documents, business addresses, contact information and other necessary information.
(3) The third-party e-commerce trading platform shall verify the business license, tax registration certificate and various business licenses of the operators in the station. Whether the third-party e-commerce trading platform displays the real name and title of the operator in the station shall be determined by the platform operator and the operator in the station through consultation.
(4) Platform operators shall regularly verify the registration information of operators in real-name registration stations every year, and indicate the operators in the stations that cannot be verified.
(five) platform operators should strengthen the prompt, urge the operators in the station to fulfill the relevant laws and regulations and market management system, enhance the service awareness of honest service and civilized operation, and advocate good business style and business ethics.
6.2 Normative guidance of mobilization contract
When concluding an inbound operation contract with the station operator, the platform operator shall stipulate the relevant rights and obligations of both parties, the liability for breach of contract and the dispute settlement method, and standardize the operation according to law. The contract shall contain the following necessary clauses:
(1) Platform operators and station operators shall not harm national interests, public interests or the legitimate rights and interests of consumers in online commodity trading and related services.
(2) Station operators must abide by the basic principles of honesty and trustworthiness, strictly self-discipline, safeguard national interests, assume social responsibilities, conduct online transactions in a fair, just, healthy and orderly manner, and may not engage in illegal and criminal activities by using online transactions.
(3) Station attendants should pay attention to monitoring the information released by users, delete information that violates state regulations according to law, and prevent and reduce junk information.
(four) the operators in the station shall establish the relevant system of mediation and handling of market transaction disputes, and publish the dispute handling institutions and contact information in a prominent position in the online shop providing services.
6.3 Code of Conduct for Station Operators
Platform operators shall, through contracts or other means, require the operators in the station to abide by the following norms, and urge the operators in the station to establish and implement various commodity reputation systems to facilitate consumers' supervision and complaints:
(1) Operators in the station shall operate legally and shall not sell goods that do not meet the national standards or are toxic or harmful. Those who participate in illegal business operations may suspend or terminate the transaction.
(2) If the operators in the station are involved in illegal business operations or infringe upon consumers' rights and interests, they can be publicized on the platform according to the procedures announced in advance.
(3) The operator in the station shall inform the platform operator three months before stopping the operation or withdrawing the cabinet, and cooperate with the platform operator to handle the affairs involving consumers or third parties.
(4) Station operators should actively cooperate with platform operators in the investigation and coordination of consumer complaints.
6.4 Transaction Information Management
Platform operators should manage platform trading information reasonably and prudently;
(1) If engaging in business activities on the platform, information such as the name and producer of the products handled shall be published; If the license of a third party is involved, the license certificate, authentication certificate and other information shall also be published.
(2) The commodity information displayed on the webpage must be true. Physical (tangible) goods should be displayed from multiple angles and directions, and the color, size and proportion of goods should not be distorted or wrongly displayed; Defective products should be fully explained and displayed through pictures. If it is found that the operators in the station publish illegal advertisements, they shall take timely measures to stop them and stop providing them with online trading platform services when necessary.
(3) If the evidence provided by the complainant can prove that the operator in the station has infringed or released illegal information, the platform operator shall give a warning to the responsible person, stop the infringement, delete the harmful information, and provide the registered identity information and contact information of the respondent at the request of the complainant.
(4) The platform operators shall undertake the obligation of reasonable and prudent information review, delete the obviously infringing or illegal information in time according to law, and give a warning to the operators in the station.
6.5 Maintenance of Trading Order
Platform operators should take reasonable measures to ensure the normal operation of online trading platforms, provide a safe and reliable trading environment and fair, just and open trading services, maintain trading order, and establish and improve the online trading credit evaluation system and trading risk early warning mechanism.
Platform operators should reasonably remind users of the transaction risks, and require users to confirm the transaction details before executing the user's transaction payment instructions; Operators engaged in online payment services shall also require the payer to confirm before executing payment instructions.
Encourage platform operators to set up a cooling-off period system, allowing consumers to cancel orders without reason during the cooling-off period.
Encourage online third-party trading platforms and platform operators to provide "seller's deposit" services to consumers. The margin is used to compensate consumers for their trading losses. The amount and use of the deposit shall be filed with the local administrative department for industry and commerce in advance and publicized.
6.6 Transaction error
Platform operators shall investigate and verify the complaints of individual users about the operational errors of small transactions, and help users to cancel the transactions, unless they cannot be cancelled due to specific circumstances.
6.7 Goods return
Platform operators shall, through contracts or other means, require the operators in the station to implement the after-sales service and return system in accordance with relevant state regulations. If the operator in the station violates the provisions of the after-sales service and return system, the platform operator shall accept consumer complaints and may be held liable for breach of contract in accordance with the contract.
6.8 Protection of Intellectual Property Rights
Platform operators should establish corresponding working mechanisms to protect intellectual property rights according to law. For infringing pages, documents or links with evidence attached by the right holder and informing the specific address, the platform operator shall notify the respondent and take necessary measures to safeguard the legitimate rights and interests of the right holder. Except as otherwise provided by laws and regulations.
Platform operators shall, through contracts or other means, require the operators in the station to abide by the provisions of laws, regulations and rules such as the Trademark Law, the Anti-Unfair Competition Law, and the Provisions on the Administration of Enterprise Name Registration, and shall not infringe upon the rights of others such as the exclusive right to use registered trademarks and the right to name enterprises.
6.9 prohibited acts
Third-party trading platforms that simultaneously use their own platforms to trade online goods (services) shall not collude with each other, manipulate market prices by taking advantage of their own convenience, disrupt market order, and harm the legitimate rights and interests of other operators or consumers.
7. Reasonable protection of consumers by platform operators
Without the user's consent, the platform operator shall not disclose or transfer the user list, transaction records and other data to any third party, unless otherwise stipulated by laws and regulations.
Platform operators shall urge the trading operators in the station to issue purchase vouchers, service vouchers and related vouchers.
If consumers buy goods or accept services on the online trading platform, and there is a consumer dispute or their legitimate rights and interests are damaged, the platform operator shall provide consumers with the real website registration information of the operators in the station and actively assist consumers in safeguarding their legitimate rights and interests.
8. Coordination between platform operators and related service providers
8. 1 electronic signature
Encourage the conclusion of contracts in accordance with the provisions of the Electronic Signature Law of People's Republic of China (PRC). For online transactions with a target amount higher than 50,000 yuan, the third-party trading platform should prompt both parties to use electronic signatures.
8.2 Electronic Payment
The electronic payment adopted by the third-party e-commerce trading platform shall be provided by banks or legally qualified non-financial payment institutions.
8.3 advertising
The platform operator shall delete or hand over the complained advertising information in the platform, and the advertising management organ shall handle it according to the advertising law.
The third-party trading platform should restrain the operators in the station from publishing false advertising information and sending spam.
The third-party trading platform providing search services shall block or restrict access to the names of goods or services prohibited by the state from trading on the search results display page.
9. Supervision and management
9. 1 industry self-discipline
Encourage third-party platform operators to carry out industry self-discipline according to this Code, and support relevant industry organizations to supervise and coordinate the services of platform operators.
Encourage industry associations to establish a consumer warning system to supervise and restrain platform operators with bad behavior.
Encourage platform operators to set up industry self-regulatory organizations, formulate rules and regulations, establish a credit system for online transactions, strengthen self-discipline and promote the development of online transactions.
9.2 Complaint management
Consumers' associations and related organizations shall promptly cooperate with the online transaction dispute complaints accepted through the online complaint mechanism.
For bad users, the platform operators can restrict the market access of the operators in the station according to the procedures and rules announced in advance.
9.3 government supervision
The competent commercial departments at all levels shall establish a supervision responsibility system and accountability system for online trading services, and supervise the trading behavior of platform operators and site operators according to law.