One-year implementation of "Measures for the Supervision and Administration of Online Transactions" Experts answer hot issues of social concern

Do I need a license to open an online store? Is it legal to swipe good reviews on an online store? What should I do if I am bombarded with commercial information from an online store? What are the main responsibilities of online trading platforms? The "Measures for the Supervision and Administration of Online Transactions" (hereinafter referred to as the "Measures") formulated and promulgated by the State Administration for Market Regulation have been implemented for nearly a year.

Q: Do I need to apply for a business license if I plan to open an online store in the near future?

Answer: If the annual transaction volume exceeds 100,000 yuan or the administrative license must be obtained in accordance with the law to engage in business activities, a business license shall be obtained

Q: Some e-commerce platforms will force merchants to “choose one of two”.

A: This kind of behavior on the platform is prohibited

Q: It used to be an online store that was exempted from registration and certification on a sporadic small amount.

A: It will be affected

If a business license should be obtained but fails to do so, the market supervision department may impose penalties in accordance with the State Council's Order No.

Q: The newly opened online store is not very popular.

Answer:

Q: Does the "Measures" have any regulations on live streaming?

　　Answer: The "Measures" apply to the business activities of selling goods or providing services in information network activities such as online social networking and online live broadcasting

　　Q: When shopping online, I always worry about personal information being leaked.

　　A: There is protection

　　The Criminal Procedure Law of the People's Republic of China and the Cybersecurity Law of the People's Republic of China have special provisions to protect personal information, and cybersecurity and public security departments at all levels take the lead in cracking down on illegal and criminal acts that infringe on citizens' personal information

　　Q: I have received a lot of business text messages from online stores recently, and it is very annoying.

　　A: You can unsubscribe

　　Q: What other provisions are there in the Measures to protect consumers' right of choice?

　　Answer: The "Measures" also stipulate that operators shall not set options such as tying commodities as the default consent of consumers, and shall not set the options selected by consumers in previous transactions as default choices of consumers; require automatic renewal and automatic renewal services The operator of the service shall draw the attention of the consumers in a conspicuous way before consumers accept the service and five days before the extension and renewal, and the consumers shall make their own choice,

　　Q: What specific measures does the "Measures" take to further consolidate the main responsibility of online trading platforms?

　　Answer: The "Measures" make a series of regulations on the main responsibility of the compaction platform.
First, the platform operator should verify and register the information submitted by the operators on the platform, and submit the operator's identity information to the market supervision department twice a year; Second, platform operators should clearly distinguish registered and unregistered operators to ensure that consumers can clearly identify them; third, platform operators should establish an inspection and monitoring system for business activities on the platform, and deal with and report relevant illegal acts in a timely manner; Fourth, if a platform operator takes measures such as warning, suspending or terminating services against operators on the platform, it shall publicize the relevant information within one working day from the date it decides to take action; To meet the requirements of supervision and law enforcement activities, provide operator identity information, commodity or service information, and transaction information on the platform, and actively cooperate with market supervision and management departments to monitor illegal online transactions in terms of technology
.

　　Q: How will the regulatory authorities deal with suspected violations of the Measures?

　　Answer: The measures that the market supervision department can take for suspected violations of the "Measures" include: conducting on-site inspections on relevant sites; consulting and duplicating relevant contracts, bills, and account books; collecting, retrieving and duplicating relevant electronic data; parties; investigate and understand the situation with relevant subjects,
etc.
In addition, "persons" who violate the "Measures" will be required to make corrections within a time limit, imposed an administrative fine, or be punished in accordance with the provisions of the "E-commerce Law" and "Anti-Unfair Competition Law", and their illegal information will also be published through the national enterprise credit information.
The system is unified and publicized
.
For "people" with serious illegal and dishonest behavior, the market supervision department will implement joint punishment according to law
.

　　(Comprehensive arrangement by Wang Ning)

"China Food News" (03 edition on April 11, 2022)

　　(Editor-in-charge: Wang Ning)