On October 20, the State Administration of Market Supervision announced the measures for the supervision and administration of online transactions (Draft for comments) and solicited public opinions from now on. The reporter noted that from April to may 2019, the State Administration of market supervision had solicited public opinions on the measures. Compared with the old version of last year’s draft, this new version of the draft will bring new online trading formats, such as live network with goods, into the scope of supervision. < / P > < p > according to the draft, the scope of application of the “measures for the supervision and administration of online transactions” includes the business activities of selling goods or providing services through the Internet, online social networking, network live broadcast, etc. in China. < / P > < p > in view of the delivery of goods by live webcast, the draft for comments proposes that the service provider of webcast should provide a look back function for the online trading activities carried out by webcast. In addition, the draft requires that online stores should not mislead consumers by deleting, hiding or modifying the evaluation, or putting the positive comments before the negative comments, or confusing the evaluation of different goods or services. < p > < p > live online shopping with goods has become a popular new way of online shopping. It is proposed in the draft for comments that network trading operators who organize and carry out online trading activities through other network services such as online social networking and live network broadcasting shall display information such as the actual business entity and after-sales service of goods or services in a significant way, or give a link jump prompt. The live network service provider should provide a look back function for the network transaction activities carried out by using the network live broadcast. < / P > < p > the reporter noted that the “e-commerce law” does not directly stipulate whether other network service providers, such as online social networking and webcast, belong to platform operators. Why does the draft include new formats such as online live broadcasting with goods included in the regulatory scope? The relevant person in charge of the State Administration of market supervision said that at present, the basic consensus of all social parties is that when other network service providers provide operators with services similar to those of online trading platforms, they have the attributes of operators of online trading platforms. In view of this, it is clear that other network service providers, such as online social networking and live broadcast, should fulfill the responsibilities of the operators of online trading platforms according to law when meeting certain conditions. According to the draft, online transaction operators shall not deceive or mislead consumers, disclose commodity or service information in a comprehensive, true, accurate and timely manner, and shall not carry out false or misleading publicity by means of fictitious transactions and evaluation, and shall not engage in any form of tying sale by improper means. Specifically, the network transaction operators shall not make up the transaction; fabricate the evaluation, or abet, induce, or coerce others to make false or misleading evaluation; mislead the evaluation by deleting, concealing, modifying the evaluation, or putting the evaluation in front of the high praise, putting the bad evaluation behind, and confusing the evaluation of different goods or services, etc In order to deceive or induce consumers to trade with them by misleading price forms or price means; to use false advertising, promotion methods, samples, commodity or service descriptions, and commodity or service standards. According to the relevant person in charge of the State Administration of market supervision, during the drafting process, there were opinions that the regulation of not allowing the platform to delete consumption evaluation did not consider the need to delete malicious bad comments, insults and slanders and other harmful information. < / P > < p > the person in charge of the above said that the issue is clearly required by Article 39 of the e-commerce law, and there is no exception attached to the provision of “evaluation”, which aims to present the “evaluation” panorama of goods sold or services provided in the platform, so as to fully realize the institutional function of credit constraint. Relevant experts, scholars and enterprises have mentioned the right to delete malicious bad comments and insulting and defamatory bad information. In practice, it is difficult for platform operators to judge and confirm whether they are malicious and bad. It is also understood that in practice, the actual deletion rate of platform operators is less than 5% when they apply for platform operators to delete due to false evaluation. < / P > < p > “therefore, for the issue of platform operators’ deletion of evaluation authority, we insist on being cautious, and stipulate that the information that is prohibited to be released or transmitted by laws and administrative regulations in the evaluation of consumers can be technically handled according to law.” The person in charge said. < / P > < p > the draft clearly states that when collecting and using the personal information of users, network transaction operators should obtain the authorization and consent of the collector, and clearly indicate the purpose, necessity, scope and method of collection and use based on the principle of legality, legitimacy and necessity, and shall not adopt the method of one-time general authorization, or default authorization, binding with other authorization, or stopping installation and use, etc To force or force in disguised form the consent of the collector to collect and use information not directly related to business activities. When collecting and using sensitive information such as biometric information, health information, property information, social information, etc., authorization and consent of the collector shall be obtained one by one. < / P > < p > at the same time, network transaction operators and their staff shall keep the personal information collected strictly confidential and shall not provide it to any third party including related parties without the authorization and consent of the collector. < / P > < p > in recent years, the phenomenon that online e-commerce platforms force businesses to “choose one from two” often occurs. Some e-businesses require that the settled businesses can only provide goods or services on this platform, and may not or in disguised form require businesses not to operate on other platforms at the same time. The operator shall not abuse the advantages of the platform, and shall not interfere with other business platform. At the same time, it is proposed that the operators in the platform can choose to carry out business activities on multiple platforms. Matters related to the establishment or change of exclusive business cooperation relationship between the platform and the operators within the platform shall be conducted through fair negotiation on the basis of equality, and the conditions of cooperation, the obligations of both parties and the liability for breach of contract shall be clearly agreed in writing. < / P > < p > according to the person in charge of the State Administration of market supervision and control, in recent years, some online trading platforms have been making use of the relative advantages formed by the operators in the platform for their highly operational dependence, etc., to impose unreasonable restrictions on the cooperation between the operators within the platform and other platforms. The person in charge said that, based on regulatory practice, the draft has targeted the issue from the perspectives of the dominant position of the platform, the right of self-management of operators in the platform, and the principle of voluntary and equal consultation. According to China’s e-commerce law, “individuals engaged in sporadic small transactions are exempted from registration of market entities according to law”, but the meaning and scope of “sporadic small amount” are not clear. The draft for comments has clearly stipulated this. < p > < p > the draft clearly states that “sporadic small amount transactions” refer to the annual average wages of employees of urban private units in the provinces, autonomous regions and municipalities directly under the central government in which they are located, and the annual transaction volume is not more than 52 times a year. If the same operator opens more than one online store on the same platform or on different platforms, the annual transaction times and annual transaction volume of each online store shall be calculated together. < / P > < p > the person in charge explained that after comprehensive argumentation, careful study and repeated consideration, the draft follows the original legislative intention that “sporadic small amount transactions are incidental and discontinuous transactions that supplement personal expenses to a certain extent”, and adopts the determination framework of “clear and uniform transaction times + regional differentiated transaction amount”. < p > < p > among them, the annual number of transactions is planned to be 52 times (about one network transaction per week), and the annual transaction amount is limited to the annual average wage of employees in urban private units in the province, autonomous region and municipality directly under the central government in the previous year. The above-mentioned person in charge explained that this mainly takes into account that the current development of network transactions among different regions in China is very unbalanced, and there are still large differences in per capita disposable income and other aspects. In terms of “small amount” standard, it is necessary to effectively match the actual economic and social development of various regions through the system design of regional differentiation. Global Tech