It is hereby announced.
State Administration for Industry and Commerce
2065438+May 28, 2004
Guidelines for Online Trading Platform Operators to Fulfill Social Responsibility
Chapter I General Provisions
Article 1 In order to regulate online commodity trading and related services, guide online trading platform operators to actively fulfill their social responsibilities, protect the legitimate rights and interests of consumers and operators, and promote the sustained and healthy development of the network economy, according to the Consumer Protection Law, Product Quality Law, Anti-Unfair Competition Law, Contract Law, Trademark Law, Advertising Law, Tort Liability Law, and Measures for the Administration of Online Transactions and other laws and regulations.
Article 2 An online trading platform (i.e. a third-party trading platform) refers to an information network system that provides services such as cyberspace, virtual business premises, trading rules, transaction matching and information release. For two or more parties to independently conduct trading activities in online commodity trading activities.
Online trading platform operators (i.e. third-party trading platform operators) refer to enterprises as legal persons engaged in online trading platform operation and providing services for two or more parties to the transaction.
Operators in the online trading platform (hereinafter referred to as operators in the platform) refer to legal persons, other economic organizations, individual industrial and commercial households or natural persons engaged in online commodity trading and related services in the online trading platform.
Article 3 The term "social responsibility" as mentioned in these Guidelines refers to the responsibilities and obligations undertaken by the operators of online trading platforms to the operators, consumers, employees of enterprises, the government, society and other stakeholders in their economic activities, including legal social responsibility, economic social responsibility and moral social responsibility.
Article 4 Operators of online trading platforms shall adhere to the principle of people-oriented, make overall plans, actively practice, and set an example of operating according to law, being honest and trustworthy, serving consumers, saving resources and protecting the environment, and being enthusiastic about public welfare undertakings.
Article 5 Operators of online trading platforms shall adhere to the combination of fulfilling social responsibilities and operating in good faith and law-abiding, consciously abide by laws, regulations and rules, abide by social ethics and business ethics, be strict in self-discipline, and consciously accept the supervision of relevant government departments and the public.
Article 6 Operators of online trading platforms should adhere to the combination of fulfilling social responsibilities and promoting the development of the network economy, regard fulfilling social responsibilities as an important content of establishing a modern enterprise system and promoting the development of the network economy, accelerate reform and innovation, change the development mode, and make positive contributions to promoting the sustained and healthy development of the network economy.
Article 7 Operators of online trading platforms should adhere to the combination of fulfilling social responsibilities and building a harmonious society, focus on properly solving consumer disputes and effectively protecting the legitimate rights and interests of operators and consumers in the platform, win the trust and support of consumers and the whole society with practical actions, and realize the harmonious development of enterprises and consumers, enterprises and society.
Chapter II Main Contents of Fulfilling Social Responsibility
Article 8 Operators who set up online trading platforms shall abide by the Electronic Signature Law of People's Republic of China (PRC), the Regulations of People's Republic of China (PRC) Telecom, the Measures for the Administration of Internet Information Services and the Measures for the Administration of Online Trading.
Article 9 An operator of an online trading platform shall disclose the information published in its business license or the electronic link logo of its business license in a prominent position on the main page of its website.
Article 10 Operators of online trading platforms shall take necessary technical means and management measures to ensure the normal operation of trading platforms, provide a safe and reliable trading environment and services, and maintain a good trading order.
Article 11 Operators of online trading platforms shall establish and improve management systems such as trading rules, trading safety, protection of consumers' rights and interests, and handling of bad information within the platform, and put all management systems in prominent positions of operators and consumers within the platform in a prominent way, so as to facilitate users' reading and storage.
Article 12 When concluding and performing contracts, operators of online trading platforms shall abide by the relevant provisions of laws, regulations and rules, respect social morality, and shall not disturb social and economic order or harm social public interests.
Operators of online trading platforms should not only consider their own commercial interests and development strategies, but also take into account their social responsibilities when concluding contracts with others. The formulation of rules should follow the principles of fairness, transparency and equal consultation, reasonably introduce the participation of diversified social subjects, and fully consider the demands of various stakeholders.
Article 13 An operator of an online trading platform shall sign a service contract with the operator within the platform, stipulating the rights and obligations of both parties, liability for breach of contract, dispute resolution, access and exit of the platform, product quality and safety guarantee, protection of consumers' rights and interests, handling of bad information, etc.
Operators of online trading platforms shall sign service contracts with consumers, and the contracts shall specify the rights and obligations of both parties, liability for breach of contract, dispute resolution, personal information protection, transaction security and other contents.
Operators of online trading platforms shall not make unfair and unreasonable provisions such as excluding or restricting the rights of the counterpart, reducing or exempting their own responsibilities, and aggravating the responsibilities of the counterpart by means of format clauses, notices, statements, announcements, etc. , shall not use format terms and technical means to force transactions.
Article 14 Operators of online trading platforms shall examine and register the operators who have settled in the platforms, establish registration files, and regularly check and update them. The recorded information should be true and comprehensive. The operator information in the platform shall be kept for no less than two years from the date when the operator cancels the platform.
For legal persons, other economic organizations or individual industrial and commercial households, online trading platform operators shall disclose the information published in their business licenses or the electronic link marks of their business licenses in a prominent position on the main page of their business activities; For natural persons, signs proving the authenticity and legality of personal identity information should be loaded in a prominent position on the main page of their business activities, and effective contact information such as business address and telephone mailbox should be indicated at the same time.
Article 15 Operators of online trading platforms shall follow the principles of legality, justice and necessity when collecting and using information about operators and consumers in the platform, clearly state the purpose, method and scope of information collection and use, and obtain the consent of the collected persons. When collecting and using relevant information, business operators shall disclose their collection and use rules, and shall not violate the provisions of laws and regulations and the agreement of both parties to collect and use information.
Operators of online trading platforms and their staff must keep the relevant information collected strictly confidential and shall not disclose, sell or illegally provide it to others. Operators shall take technical measures and other necessary measures to ensure information security and prevent information leakage and loss. In case of information leakage or loss, remedial measures should be taken immediately.
Without the active application or consent of the operators outside the platform, the operators of online trading platforms shall not publish relevant information as or in the name of the operators inside the platform. Operators of online trading platforms may not send commercial information to consumers without the consent or request of consumers, or if consumers explicitly refuse.
Article 16 Operators of online trading platforms shall, through appropriate means, require operators in the platforms to strictly abide by laws, regulations and rules such as the Consumer Protection Law, the Product Quality Law, the Anti-Unfair Competition Law, the Contract Law, the Trademark Law, the Advertising Law, the Tort Liability Law and the Measures for the Administration of Online Transactions.
Article 17 Operators of online trading platforms shall establish a system of information inspection and handling of bad information, and shall report to the relevant departments for acts violating laws, regulations and rules, and take timely measures to stop them, and may stop providing online trading platform services when necessary. At the same time, online trading platform operators should also actively cooperate with the regulatory authorities to investigate and deal with relevant violations.
Operators of online trading platforms should take technical measures to shield information such as infringement of intellectual property rights, manufacturing and selling fake and shoddy goods, promptly investigate hidden dangers, deal with illegal acts, and report problems with signs, tendencies and serious harm in a timely manner.
Article 18 Where an operator in the platform commits trademark infringement and other infringements, the infringed party requires the operator of the online trading platform to take necessary measures such as deleting, shielding and disconnecting the link. If the operator of the online trading platform fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the operator in the platform for the enlarged part of the damage.
Operators of online trading platforms know or should know that the operators in the platform use their platforms to infringe upon the legitimate rights and interests of consumers and other operators, and fail to take necessary measures, they shall be jointly and severally liable with the operators in the platform according to law.
Nineteenth online trading platform operators should establish consumer dispute resolution and consumer rights self-discipline system. When consumers buy goods or receive services on the platform, there is a consumer dispute or their legitimate rights and interests are damaged, and consumers demand mediation, the online trading platform operators shall mediate. If consumers resolve disputes through complaints, litigation, arbitration, etc., the operators of online trading platforms shall provide assistance.
When the legitimate rights and interests of consumers are infringed, the online trading platform operators shall provide consumers with the real name, address and effective contact information of the operators in the platform; If it cannot be provided, consumers can claim compensation from the operators of online trading platforms. After compensation, the online trading platform operators have the right to recover from the operators in the platform.
Twentieth online trading platform operators should take relevant measures to ensure the integrity and security of online trading data and materials, and should ensure the authenticity of the original data. Online transaction data and materials shall be kept for not less than two years from the date of completion of the transaction.
Article 21 Operators of online trading platforms shall abide by the Anti-Unfair Competition Law, the Measures for the Administration of Online Trading and other laws, regulations and rules in their business activities, and shall not falsely publicize, infringe on business secrets or damage the business reputation of competitors, and shall not use or counterfeit the domain name, name and logo of well-known websites without authorization with the help of network technology or carriers, resulting in confusion with other well-known websites; The electronic identification of government departments or social organizations shall not be used or forged without authorization.
Article 22 As an operator providing online trading platform services, group buying website operators should effectively guarantee the quality of group buying goods (services), and review and confirm key elements such as commodity inventory, delivery speed, logistics system and service details to prevent inflated quotations.
Twenty-third encourage online trading platform operators to establish and improve the prepayment system. In the event of a consumer dispute, if the consumer and the operator in the platform fail to negotiate, the operator of the online trading platform will pay in advance to ensure the safe consumption of consumers.
Encourage online trading platform operators to establish and improve the implementation measures for credit evaluation of operators within the platform, collect, evaluate and publish credit information fairly, fairly and transparently, improve the industry self-discipline mechanism, and promote honest management.
Encourage online trading platform operators to establish and improve the publicity system for consumer rights protection, regularly publicize the handling of consumer disputes, relevant measures to protect consumers' rights and interests, and relevant measures to strengthen the management of operators within the platform.
Article 24 If an online trading platform operator intends to terminate the provision of online trading platform services, it shall publicize and notify relevant operators and consumers in a prominent position on the main page of its website at least three months in advance, and take necessary measures to protect the legitimate rights and interests of relevant operators and consumers.
Twenty-fifth online trading platform operators should establish and improve the technological innovation mechanism, increase research and development efforts, improve the ability of independent innovation, effectively improve product quality and service level, and promote the healthy development of e-commerce industry.
Twenty-sixth online trading platform operators should strengthen the awareness of intellectual property rights, implement the intellectual property strategy, and realize the benign interaction between technological innovation and intellectual property rights.
Twenty-seventh online trading platform operators should follow the principle of distribution according to work and equal pay for equal work, and build a reasonable incentive and restraint mechanism to protect the legitimate rights and interests of employees.
Twenty-eighth online trading platform operators should adhere to the strategy of sustainable development, attach importance to environmental and ecological protection, rationally use and develop resources, and improve the utilization rate of resources through scientific and technological innovation and management innovation.
Twenty-ninth online trading platform operators should actively participate in social welfare undertakings and community construction, and encourage employees to volunteer to serve the society. Enthusiastic participation in charity, donations and other social welfare undertakings, care for and support education, culture, health and other public welfare undertakings.
Chapter III Safeguard Measures for Fulfilling Social Responsibility
Article 30 Operators of online trading platforms should constantly improve their working mechanism, incorporate social responsibility into the development strategy of enterprises, incorporate social responsibility into the overall annual work plan, and strive to realize the organic combination of corporate social responsibility and daily operation.
Thirty-first online trading platform operators should strengthen publicity, education and training, popularize relevant laws and regulations, improve the legal awareness and social responsibility awareness of employees, and strive to form corporate values and corporate culture to fulfill social responsibilities.
Article 32 Operators of online trading platforms shall establish and improve the statistics and assessment system of corporate social responsibility indicators, take the initiative to accept extensive supervision from news media, consumers, operators, government and society, timely understand and respond to relevant opinions and suggestions, and constantly improve their work.
Thirty-third online trading platform operators should regularly publish social responsibility reports, announce the measures, achievements and plans of enterprises to fulfill their social responsibilities, and strive to create a good working atmosphere.
Chapter IV Supplementary Provisions
Article 34 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Guidelines.
Article 35 These Guidelines shall come into force as of the date of promulgation.