Recently, a typical case of WeChat transaction in Jiangyin Court announced by Jiangsu Higher People's Court attracted attention:
2065438+In September 2009, Hong Chengmou, a medical beauty network, transferred nine micro-signals to Boss Zhao for marketing at a price of RMB500,000. Unexpectedly, boss Zhao only lost 300 thousand in the end. Because Zhao did not pay the balance of 200,000 yuan, Cheng appealed to the court and asked Zhao to pay the balance and bear the liability for breach of contract.
The Jiangyin court held that the WeChat account sale agreement between the original defendants was invalid, and the judgment rejected all the plaintiff's claims.
Why is the sale and purchase agreement invalid?
The court explained that both Cheng and Zhao were engaged in the medical and beauty industry, and their transfer cases involved nine WeChat accounts, in fact, in order to transfer customer resources. It is the existence of these massive customer information that has become the reason why Zhao Hua bought WeChat accounts at a high price.
Article 1038 of the Civil Code stipulates that "personal information shall not be illegally provided to others without the consent of a natural person, except that a specific individual cannot be identified and cannot be recovered after processing." It is illegal for both parties to transfer the customer resources of WeChat.
One of Article 253 of the Criminal Law, who, in violation of relevant state regulations, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Can you sell your own micro-signal?
The court said that the derivative problem of this case is that if Cheng's micro-signal does not involve other people's information, it is simply a problem of the micro-signal itself. Can I buy or sell?
The relevant judge replied in the explanation:
1 wechat friends have identity and basic trust in personal micro-signals with real-name authentication. Without being informed, the act of reselling the micro-signal used by the buyer to others and publishing information such as friends circle as the original micro-signal user is essentially fraudulent and infringes on the right to know of WeChat friends.
In recent years, criminals have used WeChat to commit fraud, gambling, pyramid schemes and other illegal and criminal activities. If unauthorized transactions of personal WeChat accounts are allowed, it will breed more illegal crimes and make it more difficult to trace crimes. In order to protect public interests and citizens' information rights, even if personal WeChat accounts have certain economic value, they are not suitable for free trading.
Multi-platform restricted account transfer
According to upstream news, daily platforms such as WeChat, QQ, Weibo and Xiaohongshu restrict account transfer in various forms in user agreements.
Zhang Gongdian, a member of the Criminal and Civil Interdisciplinary Committee of Chongqing Lawyers Association and a lawyer of Chongqing Zhihezhi Law Firm, also reminded: "In recent years, the state has intensified its crackdown on telecommunication network fraud. Once the WeChat and QQ rented and sold involve telecom network fraud cases, they may also be suspected of infringing citizens' personal information and helping information network criminal activities. Don't sell social accounts to make money. "