Interim measures for the administration of online commodity transactions and related service acts

According to the "interim measures on the administration of online commodity transactions and related services" issued by the General Administration of Industry and Commerce 1st, natural persons engaging in commodity transactions and related service activities through the network shall apply to the operators providing network trading platform services and submit their real identity information such as their names and addresses.

The scheme will be implemented from July 1, 2010.

This article stipulates the obligations of network commodity operators and Network Service operators, the obligations of operators who provide network trading platform services, and the supervision and management of network commodity transactions and related service behaviors. In violation of the relevant provisions of this method, the maximum may be fined 10,000 yuan or more than 30,000 yuan below.

In April of this year, the General Administration of Commerce and Industry published the draft of this method on its official website, and consulted the public for comments.

Application should submit name and other information

According to the method, the conduct of commodity transactions and related services through the network can be either legal person, other economic organization or natural person.

A natural person who engages in commodity transactions and related services through the network shall submit an application to the operator providing the network trading platform service, submitting the real identity information such as his name and address. If the registration conditions are registered, the business registration shall be registered according to law.

The operator who provides the network trading platform service should also examine the principal identity of the natural person who applies for the goods or services provided through the network trading platform, and review and register the real identity information of natural persons who are not eligible for business registration and are required to provide goods or services through the network trading platform.

Consumer privacy shall not be disclosed or sold

The method stipulates that the network commodity operator and the Network service operator provide the consumer with goods or services, the name, type, quantity, quality, price, freight, delivery mode, payment form and return method of goods or services shall be given to the consumer in advance to take measures to ensure that the transaction is safe and reliable and to provide goods or services as promised.

If the network commodity operator and the Network service operator provide the terms of the contract of electronic form, the rights and obligations of both parties shall be determined in accordance with the principle of equity, and a reasonable and significant way is brought to the consumer to pay attention to the terms which have a significant relationship with the consumers ' rights, and to explain the

The network commodity operator and the network service operator shall not make the stipulations of unfair and unreasonable to the consumer by means of the terms of the contract of electronic form, or relieve or exempt the operator from the obligation, responsibility or exclude or restrict the main rights of consumers.

Method stipulates that the consumer requests the network commodity operator and the network service operator to issue the purchase certificate or the service document, the operator shall issue. The operator may, with the consent of the consumer, issue the purchase voucher or service document in electronic form. Electronic purchase vouchers or service documents can be used as the basis for handling consumer complaints.

The method also pays attention to protect consumer's privacy and information security, stipulates that the network commodity operator and the network service operator has the safe keeping, the reasonable use, the limited time holding and the proper destruction obligation to collect the consumer information, may not use improperly, may not open, rent, sell The operator providing the network trading platform service shall take the necessary measures to protect the security of the data information relating to the consumer's personal information and shall not disclose, transfer, rent or sell to any third party without the consent of the transaction party.

3 measures to regulate online commodity trading

According to the provisions and requirements of the method, the administrative Department of Industry and Commerce will mainly implement three supervision measures in the supervision of Internet commodity transactions and related service behaviors. It is particularly noteworthy that the industry and commerce sector will adopt a national integrated supervision to break the past regulatory measures and methods which have the main characteristics of territorial jurisdiction and level jurisdiction.

The main bottle path restricting the development of network commodity trading is the lack of credit system. Therefore, grasping the credit supervision is the key of standardizing and promoting the development of the network market, grasping the key to maintain the order of the network market. The method of credit supervision as the main regulatory measures and means, 33rd stipulates that the county-level industrial and commercial administration departments should establish a credit file, record the daily supervision and inspection results, illegal investigation and other situations, according to the records of credit records, the network Commodity Operators and Network Service operators to implement credit classification supervision.

Network Information Supervision Network commodity transaction is a new kind of transaction activity and way which is produced by using network technology, it must grasp the network information technology closely, take network information technology as the support, and realize the goal of "network management Network" by means of Internet information technology. The administrative Department of Industrial and Commercial administration will take the network informatization as the means and the relying on the network commodity transaction behavior to carry on the supervision measure and the means of the net goods trade.

The national integrated supervision has decided that the network goods and service trade has no geographical restriction, the regulatory measures and methods which have been implemented in the past have not fully adapted to the requirements of the network transaction, and must take the network informatization as the means and the support, and implement the integrated supervision of the national networking. Through the national integration of supervision measures and means to achieve regulatory objectives. At present, the Industry and Commerce administration departments in accordance with the unified organization to develop network monitoring information systems and platforms, unified organization and development of regulatory software requirements, is fully promoting the network supervision information system and platform construction work, and strive after three years or so, the establishment of the whole country, integration, full-featured, The network supervision information system and platform are linked up and down, in order to promote the development of service network economy and safeguard the lawful rights and interests of operators and consumers.