Online Commodity Trading And Related Services In Wuxi City Interim Measures For The Management Of

Original Language Title: 无锡市网络商品交易及有关服务行为管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264206.shtml

Online commodity trading and related services in Wuxi city interim measures for the management of

    (May 6, 2010 Wuxi municipal people's Government at the 25th Executive Meeting May 11, 2010 by Wuxi municipal people's Government, the 113th promulgated as of July 1, 2010) first in order to maintain online commodity trading order, regulate online commodity trading and related services, protect the legitimate rights and interests of consumers and operators, promote the sustained and healthy economic development, according to relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the city limits online commodity trading and related services shall comply with these measures.

    Online commodity trading in these measures refers to engaging in the trading of goods or profit-making services via the Internet (referred to in the following items including services) activities.

    Relevant services mentioned in these measures refers to provide a platform for online commodity trading services and infrastructure services business activities.

    Article online commodity operators mentioned in these measures refers to via the Internet (including through the website or through the Internet trading platform) operators engaged in commodities trading.

    Online commodity trading platforms in these measures service providers, is provided for online commodity trading trading platform, business information publishing platform, operators.

    Online commodity trading in these measures of basic services operators means for online commodity trading activities to provide server hosting, virtual space rental, line rental, building services, domain name registration services for operators.

    Fourth online commodity trading and related services shall comply with the laws, regulations and rules of the, follow the principle of fairness, justice, equality, voluntariness, honesty.

    Fifth of municipal and county-level cities, districts within the Department responsible for the administration of industry and commerce online commodity trading and related services the supervision and administration of the Act.

    Public security, health, food and drug administration, culture, information management departments in accordance with their respective responsibilities, to make supervision and administration.

    Sixth to encourage online commodity trading and related service providers to set up professional associations, development of industry standards, promote industry integrity, strengthening industry self-discipline.

    Article seventh operators of online commodity trading and related services shall be in accordance with relevant laws and regulations, to relevant departments to handle the clearance procedures.

    Laws and regulations prohibit transactions of goods and services over the Internet, an operator shall not carry out transactions online.

    Article eighth online commodity trader shall fulfil the following obligations:

    (A) publishing product information, and providing necessary and detailed description of goods;

    (B) preserved in the transactions produced in the process of purchasing and sales credentials, and the save time of not less than 2 years, counted from the date of the transaction;

    (C) the laws, regulations and other obligations under the regulations.

    Through self-built networks selling goods online commodity trading platform operators should also fulfil this article Nineth obligations, tenth.

    Nineth online commodity trading platform operators should establish the following system:

    (A) the user registration system;

    (B) online commodity operators qualification review system;

    (C) the network platform of trading rules;

    (D) information disclosure and audit of information systems;

    (E) consumer protection systems;

    (Vi) public notice and warning mechanisms;

    (G) the transaction security and data backup system;

    (VIII) other systems under the laws, regulations and rules.

    Article tenth online commodity trading platform operators shall perform the following obligations:

    (A) the identification accepted the services of online commodity operators's true identity and have proof of qualification according to law, and establish and improve the information archive.

    (Ii) save in its platform Shang released of information or for commodity trading of related information, and records or information, take corresponding of technology means guarantee above information of full, and accurate and security, and in national about organ law query Shi, be provides; which, operators of real identity and business qualification proved records save time shall not less than 2 years, other records should save 60 day, since trading completed of day up calculation.

    (C) when there is a dispute, to the right of institutions dealing with disputes provide relevant information, and assist in the process.

    (D) for consumer personal information collected should receive explicit permission explicitly told to use use strictly in accordance with the commitment to our clients that use customer information and ensure customers informed and modified.

    (E) the non-consent of the parties, and shall not be disclosed to any third party, transfer, license or sell their customers personal information, network product lists of operators and transactions involving privacy or trade secret data, except as otherwise provided by laws and regulations.

    (Vi) not to send junk e-mail, and to take the necessary measures to put an end to junk email transmission.

    (G) knowingly users when implementing a violation of intellectual property rights through the network, to refuse to publish, remove infringing content, the necessary measures to protect intellectual property rights.

    (VIII) other obligations provided by laws, rules and regulations.

    11th online commodity transactions based service operator shall perform the following obligations:

    (A) establish user information archives, identification of the user's true identity and have proof of qualification according to law, and a service contract or agreement with the user, shall not provide services to the user with no legal status;

    (B) to record user information, in which the user's real identity and operation qualification records kept for not less than 2 years, other records should be kept for 60 days, and when the query is in the relevant State organs shall be provided;

    (C) when there is a dispute, to the right of institutions dealing with disputes provide relevant information, and assist in the process;

    (D) the non-consent of the parties, and shall not be disclosed to any third party, transfer, license or sell access to data relating to privacy or commercial secrets, except as otherwise provided by laws and regulations;

    (E) other obligations provided by laws, rules and regulations.

    12th online commodity trading activities, shall not be any of the following acts:

    (A) use Internet fabricating and spreading false information, publishing illegal ads or malicious comparison, damage a competitor's business reputation, the reputation of goods;

    (B) the use of Internet theft or spread the trade secrets of others;

    (C) without the permission of the right, someone else's registered trademark through the visible, buried or in other ways on the Internet use, resulting in confused with a registered trade mark;

    (D) unauthorized, unauthorized use of other page specific to site design, causing confusion with the Web sites of others;

    (E) on the Web forgery, fraudulent use of Government and administration, such as electronic identification signs;

    (F) on the website using text, images, video, corporate image, products, such as false propaganda;

    (G) contract format terms, online circulars, electronic communications, such as unilaterally on consumers unfair and unreasonable provisions, or reduce, waive its damages the legitimate interests of consumers shall bear civil liability provisions;

    (H) the fraudulent use of Government organs, social groups or on behalf of the enterprise, promoting its products and/or Internet services, consumer fraud;

    (IX) provide a platform for direct selling activities, space and server hosting services;

    (10) other acts in violation of laws, rules and regulations.

    13th Administration for industry and commerce, and other relevant administrative departments should strengthen the online commodity trading and related services, supervision and inspection, to investigate and punish such illegal activity.

    14th industrial and commercial administrative law enforcement officers in the performance of their duties, may exercise the following powers:

    (A) enter online commodity trading and related service establishments implementing checks;

    (B) the alleged breaches of network regulation of commodities trading and related services the parties and other relevant staff to carry out investigations and inquiries, check out, copy, download, print, online commodity trading-related information, records, and information for electronic data collection and fixation;

    (C) in connection with online products and related services to illegal business activities related to the computer equipment, network software and hardware;

    (D) the laws, regulations and other authorities prescribed by the regulations.

    15th industrial and commercial administrative law enforcement personnel shall be not less than 2 persons in carrying out supervision and inspection, and shall show the administrative law-enforcement documents.

    16th industrial and commercial administrative law enforcement officers in carrying out supervision and inspection, and shall maintain network service operator's normal business activities related to commodity trading and to protect its trade secrets.

    17th no unit or individual may refuse or obstruct, interference in the administration of industry and commerce law enforcement personnel to perform their duties of supervision and inspection.

    18th industrial and commercial administrative organs in dealing with online commodity trading and related services to illegal business activities, the violator and the interested person shall truthfully description, availability and confirm it. Article 19th when the evidence is collected, fixed, and should be Web pages, electronic data exchange, email, databases and other electronic evidence in writing of the physical carrier for fixed and displayed.

    If necessary, use a computer storage device storage, video capture, etc assisted in other ways.

    Electronic evidence in these measures refers to electronic documents stored in a computer's memory or external storage medium, to prove facts, data or information related to the event. 20th the evidence collected, fixed, and should be signed by the parties.

    The parties refused to sign, and industrial and commercial administrative law enforcement personnel shall indicate the situation on the spot and signed if necessary, invited to witness and sign.

    Online commodity trading violations after placing 21st article, needs associated with online trading platform operators or suspend the provision of services to the basic service operators, ordered by the Administration for industry and Commerce above the county level authorities closed notices and other written material shall be implemented.
22nd article violates these rules, laws, rules and regulations on penalties from its provisions.

    Article 23rd online commodity trading violations with administration for industry and Commerce administrative punishment, you need to close the violator's Web site, written decision of administrative penalty and the proposal should be submitted to telecom operators, telecom operators should be implemented in accordance with the relevant provisions of the State.

    24th article violates this article eighth and Nineth, tenth, 11th article, be warned by the Administration for industry and Commerce above the county level, a rectification; fails, according to circumstances, impose fines of less than 10,000 yuan.

    25th in violation of the provisions of article 12th, by the administration of industry and Commerce ordered to desist from the illegal act, no illegal income, fined 10,000 yuan fine; there is illegal income, confiscated, fined 30,000 yuan fine.

    26th State personnel in the management of online commodity trading abuses, favoritism and neglectful of law by his entity or his upper level organs penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    27th, Jiangyin, Yixing based on these measures, formulate specific implementing rules. 28th article of the rules take effect on July 1, 2010.