Strictly prohibit big data "killing" and other behaviors. Platform economy welcomes two regulations
2026-01-08
On January 7th, the platform economy sector welcomed two regulations. On the same day, the State Administration for Market Regulation and the Cyberspace Administration of China jointly issued the "Measures for the Supervision and Administration of Online Trading Platform Rules" and the "Measures for the Supervision and Administration of Live E-commerce". The regulations explicitly prohibit the use of platform rules to exclude or restrict consumer rights, implement big data "killing" and other behaviors, and include artificial intelligence generated content such as digital human anchors in regulation to avoid new technologies becoming a "shield" for generating or disseminating false information, and promote the standardized application of artificial intelligence technology in the field of live streaming e-commerce. Specifically, the "Measures for the Supervision and Administration of Rules on Online Trading Platforms" focus on the "key minority" of online trading platform operators, and combine with regulatory practices in recent years, taking platform rules as the starting point to further tighten and solidify platform responsibilities. The Measures for the Supervision and Administration of Online Trading Platform Rules stipulate that platform rules shall not be used to unreasonably restrict the independent business activities of operators within the platform, charge unreasonable fees, unreasonable liquidated damages or compensation for damages; It is not allowed to use platform rules to exclude or restrict consumer rights, reduce or exempt one's own responsibility, unreasonably increase consumer responsibility, implement big data "killing", unilaterally and arbitrarily change platform rules to harm member rights and interests when providing member services, etc. The "Measures for the Supervision and Administration of Live E-commerce" focus on four types of entities: operators of live e-commerce platforms, operators of live streaming rooms, live streaming marketers, and service institutions for live streaming marketers. They strengthen their responsibilities and obligations, define behavioral red lines, and improve regulatory mechanisms. The obligations of live broadcast room operators in terms of information disclosure, verification of actual operator information and identity information of live broadcast marketing personnel, real-time management of interactive content in live broadcast rooms, pre compliance review, and implementation of clear pricing have been clarified. Red lines have been set for live broadcast room operators and marketing personnel not to engage in false advertising, commercial defamation, or sell or provide illegal goods or services. At the special press conference that day, Wang Dan, Deputy Director of the Regulatory Department of the State Administration for Market Regulation, stated that the two regulations have both common and personalized provisions in terms of collaborative governance. In terms of commonality, the two regulations stipulate that while market supervision and internet information departments strengthen supervision according to their respective responsibilities, they also require the two departments to establish and improve mechanisms for clue transfer, information sharing, consultation and judgment, and form a regulatory synergy. The second is to strengthen the obligation of relevant entities to cooperate with law enforcement. For regulatory activities carried out by market supervision and online information departments in accordance with the law, relevant operators should cooperate and support them. In terms of personalization, the "Measures for the Supervision and Administration of Online Trading Platform Rules" encourage online trading platform operators to establish a social governance system for platform rules, and fully listen to the opinions of all parties through consumer organizations, third-party institutions, and expert consultation and evaluation; Encourage online trading platform operators to publish annual compliance reports on platform rules and accept social supervision; Encourage online trading platform operators to invite or commission third-party institutions to issue external compliance assessment reports on platform rules. The "Measures for the Supervision and Administration of Live E-commerce" further improve the information sharing mechanism of market supervision departments, requiring the provincial-level market supervision department where the operator of the live e-commerce platform resides to timely share the identity information of the live broadcast room operator and live marketing personnel it holds with the provincial-level market supervision department where the direct broadcast room operator actually operates according to work needs; Further improve the credit supervision system in the field of live streaming e-commerce, stipulate that market supervision departments shall implement credit supervision on relevant operating entities of live streaming e-commerce in accordance with the law, and publicize the results of spot checks, administrative penalties and other information through the national enterprise credit information disclosure system in accordance with the law. For those who engage in serious illegal and dishonest behavior, corresponding disciplinary measures shall be taken in accordance with the law. Zhu Cambridge, Director of the Network Supervision Department of the State Administration for Market Regulation, stated that in the next step, the State Administration for Market Regulation will take the two regulations as an opportunity to work together with the Cyberspace Administration of China and other departments to solidly promote platform rules and live streaming e-commerce supervision and law enforcement, and promote innovation and healthy development of the platform economy. (New Society)
Edit:Momo Responsible editor:Chen zhaozhao
Source:Economic Information Daily
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