Guidelines for Online Trading Platform Operators to Fulfill Social Responsibilities
Chapter I General Provisions
Article 1 These Guidelines are formulated in accordance with the Consumer Rights Protection Law, Product Quality Law, Anti-Unfair Competition Law, Contract Law, Trademark Law, Advertising Law, Tort Liability Law, Measures for the Administration of Online Transactions and other laws, regulations and rules, to regulate online commodity transactions and relevant service activities, guide online trading platform operators to actively fulfill their social responsibilities, protect the legitimate rights and interests of consumers and operators, and promote the sustainable and healthy development of the online economy.
Article 2 An online trading platform (i.e., a third-party trading platform) refers to an information network system that provides web space, virtual business premises, trading rules, transaction matching, information release and other services for both or multiple parties to conduct independent trading activities in online commodity transactions.
An online trading platform operator (i.e., a third-party trading platform operator) refers to an enterprise legal person that engages in the operation of an online trading platform and provides services for both or multiple parties to the transaction.
An operator on an online trading platform (referred to as an on-platform operator) refers to a legal person, other economic organization, individual industrial and commercial household or natural person engaging in online commodity transactions and relevant services on an online trading platform.
Article 3 Social responsibilities as mentioned in these Guidelines refer to the responsibilities and obligations borne by online trading platform operators to stakeholders such as on-platform operators, consumers, employees, the government and the society in economic activities, including legal, economic and ethical social responsibilities.
Article 4 In fulfilling social responsibilities, online trading platform operators shall adhere to people-oriented, overall consideration and active practice, and become examples of law-abiding and honest operation, service first and consumer first, resource conservation and environmental protection, protection of employees’ rights and interests, and enthusiasm for public welfare.
Article 5 Online trading platform operators shall adhere to the combination of fulfilling social responsibilities and operating in good faith and in accordance with the law, conscientiously abide by laws, regulations and rules, observe social ethics and business ethics, exercise strict self-discipline, and consciously accept supervision from relevant government departments and the public.
Article 6 Online trading platform operators shall adhere to the combination of fulfilling social responsibilities and promoting the development of the online economy, take fulfilling social responsibilities as an important part of establishing a modern enterprise system and promoting the development of the online economy, accelerate reform and innovation, transform the development mode, and make positive contributions to promoting the sustainable and healthy development of the online economy.
Article 7 Online trading platform operators shall adhere to the combination of fulfilling social responsibilities and building a harmonious society, focus on properly resolving consumer disputes and effectively protecting the legitimate rights and interests of on-platform operators and consumers, win the trust and support of consumers and the whole society with practical actions, and achieve harmonious development between enterprises and consumers, enterprises and society.
Chapter II Main Contents of Fulfilling Social Responsibilities
Article 8 Operators establishing an online trading platform shall abide by the Electronic Signature Law of the People’s Republic of China, Telecommunications Regulations of the People’s Republic of China, Measures for the Administration of Internet Information Services, Measures for the Administration of Online Transactions and other laws, regulations and rules.
Article 9 Online trading platform operators shall publicly display the information recorded in their business licenses or electronic link labels of their business licenses in a prominent position on the homepage of their websites.
Article 10 Online trading platform operators shall take necessary technical and management measures to ensure the normal operation of the trading platform, provide a safe and reliable trading environment and services, and maintain a sound trading order.
Article 11 Online trading platform operators shall establish and improve management systems such as on-platform trading rules, transaction security protection, consumer rights protection, and bad information handling. All management systems shall be brought to the attention of on-platform operators and consumers in a prominent manner for easy reading and preservation.
Article 12 In concluding and performing contracts, online trading platform operators shall abide by the relevant provisions of laws, regulations and rules, respect social ethics, and shall not disrupt social and economic order or harm public interests.
When concluding contracts with others, online trading platform operators shall not only consider their own commercial interests and development strategies, but also take social responsibilities into account. Rules shall be established in accordance with the principles of fairness, transparency and equal consultation, with the rational participation of diversified social entities, and fully considering the demands of all stakeholders.
Article 13 Online trading platform operators shall sign service contracts with on-platform operators, which shall specify the rights and obligations of both parties, liability for breach of contract, dispute resolution, platform access and exit, commodity quality and safety assurance, consumer rights protection, bad information handling and other contents.
Online trading platform operators shall sign service contracts with consumers, which shall specify the rights and obligations of both parties, liability for breach of contract, dispute resolution, personal information protection, transaction security protection and other contents.
Online trading platform operators shall not make unfair or unreasonable provisions such as excluding or restricting the rights of the counterpart, reducing or exempting their own responsibilities, or aggravating the counterpart’s responsibilities by means of standard clauses, notices, statements, announcements, etc., nor shall they use standard clauses and technical means to force transactions.
Article 14 Online trading platform operators shall review and register operators entering the platform, establish registration files and verify and update them regularly, with true and complete recorded information. Information of on-platform operators shall be kept for at least two years from the date of cancellation on the platform.
For legal persons, other economic organizations or individual industrial and commercial households, online trading platform operators shall publicly display the information recorded in their business licenses or electronic link labels of their business licenses in a prominent position on the homepage of their business activities; for natural persons, they shall display a label proving the authenticity and legality of personal identity information in a prominent position on the homepage of their business activities, and indicate valid contact information such as business address, telephone number and email address.
Article 15 Online trading platform operators shall collect and use relevant information of on-platform operators and consumers in accordance with the principles of legality, legitimacy and necessity, clearly indicate the purpose, method and scope of information collection and use, and obtain the consent of the person being collected. Operators shall publicly disclose their information collection and use rules, and shall not collect or use information in violation of laws, regulations and agreements between both parties.
Online trading platform operators and their staff must keep strictly confidential the relevant information collected, and shall not disclose, sell or illegally provide it to others. Operators shall take technical and other necessary measures to ensure information security and prevent information leakage or loss. Immediate remedial measures shall be taken in case of or possible information leakage or loss.
Without the active application or consent of off-platform operators, online trading platform operators shall not arbitrarily regard them as on-platform operators or release relevant information in their name. Online trading platform operators shall not send commercial messages to consumers without their consent or request, or if consumers explicitly refuse.
Article 16 Online trading platform operators shall require on-platform operators to strictly abide by the Consumer Rights Protection Law, Product Quality Law, Anti-Unfair Competition Law, Contract Law, Trademark Law, Advertising Law, Tort Liability Law, Measures for the Administration of Online Transactions and other laws, regulations and rules through appropriate means.
Article 17 Online trading platform operators shall establish an information inspection and bad information handling system. If any act in violation of laws, regulations and rules is found, they shall report to relevant departments and take timely measures to stop it, and may suspend providing online trading platform services if necessary. Meanwhile, online trading platform operators shall actively cooperate with regulatory authorities in investigating and punishing relevant illegal acts in accordance with the law.
Online trading platform operators shall take technical measures to block illegal commodity information such as intellectual property infringement and production and sale of counterfeit and shoddy goods, promptly check hidden dangers, handle illegal acts, and report emerging, tendentious and seriously harmful problems in a timely manner.
Article 18 If an on-platform operator commits infringement such as trademark infringement, and the infringed party requests the online trading platform operator to take necessary measures such as deletion, blocking and disconnection of links, the online trading platform operator who fails to take necessary measures in a timely manner after receiving the notice shall bear joint and several liability with the on-platform operator for the expanded part of the damage.
If an online trading platform operator clearly knows or should know that an on-platform operator uses its platform to infringe upon the legitimate rights and interests of consumers and other operators and fails to take necessary measures, it shall bear joint and several liability with the on-platform operator in accordance with the law.
Article 19 Online trading platform operators shall establish a consumer dispute settlement and consumer rights protection self-discipline system. When a consumer purchases goods or receives services on the platform and a consumer dispute occurs or his legitimate rights and interests are damaged, if the consumer requests mediation by the online trading platform operator, the online trading platform operator shall conduct mediation. If consumers resolve disputes through complaints, litigation, arbitration or other means, online trading platform operators shall provide assistance.
In case of infringement of consumers’ legitimate rights and interests, online trading platform operators shall provide consumers with the true name, address and valid contact information of on-platform operators; if unable to provide, consumers may claim compensation from online trading platform operators. After compensation, online trading platform operators shall have the right to recourse against on-platform operators.
Article 20 Online trading platform operators shall take relevant measures to ensure the integrity and security of online transaction data and materials, and ensure the authenticity of original data. Online transaction data and materials shall be kept for at least two years from the date of transaction completion.
Article 21 In business activities, online trading platform operators shall abide by the Anti-Unfair Competition Law, Measures for the Administration of Online Transactions and other laws, regulations and rules, shall not conduct false propaganda, infringe commercial secrets, damage the business reputation of competitors, shall not use or counterfeit domain names, names and logos of well-known websites without authorization by means of network technology or carriers, causing confusion with others’ well-known websites; shall not use or forge electronic logos of government departments or social organizations without authorization.
Article 22 As operators providing online trading platform services, group buying website operators shall effectively guarantee the quality of group buying goods (services), examine and confirm key factors such as commodity inventory, delivery speed, logistics system and service details to prevent false high quotations.
Article 23 Online trading platform operators are encouraged to establish and improve an advance compensation system. In case of consumer disputes, if negotiation between consumers and on-platform operators fails, the online trading platform operator shall make compensation in advance to ensure consumers’ safe and secure consumption.
Online trading platform operators are encouraged to establish and improve credit evaluation measures for on-platform operators, carry out fair, impartial and transparent collection, evaluation and publicity of credit information, improve the industry self-discipline mechanism, and promote honest operation.
Online trading platform operators are encouraged to establish and improve a consumer rights protection publicity system, regularly publicize the handling of consumer disputes, relevant measures to protect consumer rights and interests, and relevant measures to strengthen the management of on-platform operators.
Article 24 If an online trading platform operator intends to terminate providing online trading platform services, it shall publicize it in a prominent position on the homepage of its website and notify relevant operators and consumers at least three months in advance, and take necessary measures to protect the legitimate rights and interests of relevant operators and consumers.
Article 25 Online trading platform operators shall establish and improve a technological innovation mechanism, increase R&D investment, improve independent innovation capabilities, effectively improve product quality and service levels, and promote the healthy development of the e-commerce industry.
Article 26 Online trading platform operators shall strengthen intellectual property awareness, implement intellectual property strategies, and achieve positive interaction between technological innovation and intellectual property.
Article 27 Online trading platform operators shall follow the principle of distribution according to work and equal pay for equal work , establish a reasonable incentive and restraint mechanism , and protect all legitimate rights and interests of employees.
Article 28 Online trading platform operators shall adhere to a sustainable development strategy, attach importance to environmental and ecological protection, rationally utilize and develop resources, and improve resource utilization through technological and management innovation.
Article 29 Online trading platform operators shall actively participate in social public welfare and community construction, and encourage employees to volunteer for the society. Enthusiastically participate in social public welfare such as charity and donation, and care about and support public welfare such as education, culture and health.
Chapter III Safeguard Measures for Fulfilling Social Responsibilities
Article 30 Online trading platform operators shall continuously improve their working mechanism, integrate the fulfillment of social responsibilities into corporate development strategies, incorporate the fulfillment of social responsibilities into the overall plan of annual work, and strive to achieve the organic combination of corporate social responsibility fulfillment and daily operation.
Article 31 Online trading platform operators shall strengthen publicity, education and training, popularize relevant laws and regulations, improve employees’ legal awareness and social responsibility awareness, and strive to form corporate values and corporate culture of fulfilling social responsibilities.
Article 32 Online trading platform operators shall establish and improve a corporate social responsibility indicator statistics and assessment system, take the initiative to accept extensive supervision from the news media, consumers, operators, the government and the society, timely understand and respond to relevant opinions and suggestions, and continuously improve work.
Article 33 Online trading platform operators shall regularly issue social responsibility reports, publicize measures, results and plans for fulfilling social responsibilities, and strive to create a good working atmosphere.
Chapter IV Supplementary Provisions
Article 34 These Guidelines shall be interpreted by the State Administration for Industry and Commerce.
Article 35 These Guidelines shall come into force on the date of promulgation.