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Hangzhou Interim Measures For Internet Transaction Management

Original Language Title: 杭州市网络交易管理暂行办法

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Chapter I General

Article 1 protects the legitimate rights and interests of consumers and operators, preserves a network transaction order and promotes the sustainable health development of e-commerce, in line with the provisions of the relevant legal regulations, and develops this approach in the light of the current market.

Article 2

The web transactions described in this approach refer to the operation of selling commodities through the Internet or providing services, as well as the provision of third-party web transaction platform services for the above-mentioned transaction activities, except for the operation of financial services through the Internet.

The third-party web transaction platform referred to in this approach refers to the provision of virtual operating spaces, transaction rules, trade facilitation, information dissemination, etc., for both parties to the transaction or for a system of information networks for networking transactions.

This approach should be followed by the provision of information searches, credit certification, settlement, logistics, outreach, web access, server hosting, virtual space rental, web page design.

Article 3. Governments of the urban, district, and district (market) should integrate the promotion of the economic development of the network into national economic and social development planning, provide policy and financial support, promote the development of a credible trading environment and create a good social environment for cybertrade development.

The city encourages traditional industries to implement e-commerce applications, to promote industrial transformation and to achieve industrial integration development; and to encourage networking operators to innovative business models, to expand the area of business and to upgrade service levels.

Article 4

Article 5 Governments should integrate e-government information at all levels of the city and in their respective sectors, develop an e-government information base data system that provides interfaces to web dealers with the non-relevant government database, as required.

Article 6.

Article 7. The municipal market supervision management is responsible for overseeing the management of cyber transactions in this city; the division of labour among regional, district (market) market monitoring authorities is responsible for monitoring the management of cyber transaction within the Territory.

In accordance with their respective responsibilities, the executive branch of the city at all levels of quality, public safety, commerce, culture, radioTV, press publication, patents, health, tourism, agriculture, transport, etc., implements the supervision of cybercrime by law.

Chapter II General provisions

Article 8 operators engaged in a web transaction shall be registered by law. Business registration information should be submitted to third-party web transaction platforms through the operation of a third-party network transaction platform.

Natural persons who do not have the conditions of business registration are engaged in a web transaction, which should be carried out through a third-party network transaction platform and submitted information such as identification, business addresses, contact modalities. In the absence of relevant information, the third-party web transaction platform shall not provide platform services.

The operators carrying out a web transaction through a third-party network transaction platform, the registration of their business licence documents or the identification of natural persons, the business address and the modification of the link, shall submit information after the change of the third-party web transaction platform within 15 days of the change date.

Article 9 Laws, regulations or the State Department determines that the sale of commodities or the provision of services should be subject to administrative licences, and that the latter should be allowed to engage in cyber transactions.

Article 10 shall not engage in:

(i) The unauthorized use of prominent websites, renowned web stores, known domain names, scripts, identifiers, or the use of known websites, renowned web stores, known applications of near-speakers, names, identifiers and confusion with others;

(ii) The unauthorized use, falsification of government or social group markings;

(iii) A malicious evaluation or defamation of goods or services sold by others, or false complaints, reporting;

(iv) The malicious application of the purchase of the late purchase of the goods or the refusal to collect the goods to undermine the interests of others;

(v) Absorption of cyber transactions that are known or should be known to facilitate the brokering;

(vi) The use of technical means to interfere with searches and ranking results;

(vii) Issuance of false commodities, service information;

(viii) Other acts that undermine the interests of the State, the public interest and the legitimate rights of others.

Article 11. The competition, auction and return of web transactions by web deal operators should be governed by public, fair principles, protection of the legitimate rights and interests of the parties and non-use of fraudulent means to obtain benefits.

Article 12. The acquisition activities of the IOMC shall be reviewed and recorded by the principal qualifications of the mission's purchaser or service provider, the quality certificate for the acquisition of commodities.

Web operators are encouraged to develop, in accordance with industry characteristics, guidelines for access to goods and services for mission purchases, and to establish rules for mission acquisition activities containing items such as inventory, delivery, post-age services, prices.

Article 13 Operators of CyberTs engage in services such as web-based payment settlement should provide safe, reliable and legitimate means of payment to both parties to the transaction, alert the safety of the network and take measures to guarantee the security of information systems relating to the payment of the settlement.

Article 14. Cyber dealers offer searches and ranking services, distinguishing and labelling of paid searches.

Article 15 provides outreach services, commenting on commodities and obtaining honorary work through a network of social broadcasters, and should be disclosed in practice to avoid misunderstandings by consumers.

Article 16 provides web-based access, server hosting, virtual space rental services, etc. for web-based commodity transactions, and should identify, document information on business registration of operators or personal status information and document their online information in accordance with the law.

To provide web page design, production services for web operators, business registration information or personal identity information should be identified, recorded for web operators. Web pages containing false information or content of misunderstandings are not produced.

The business registration information of web operators or personal identity information, the record of online information is not less than two years since the end of the service.

Article 17 Operators of a network transaction shall report to the operation, in accordance with the provisions of the market supervision management.

Chapter III

The operators of a third-party network transaction platform should review the qualifications of operators entering the platform for the sale of commodities or service delivery, establish archives and update them on a regular basis. The owner's subject-qualified information record shall not be less than two years from the date of the departure of the operator.

The operators of a third-party network transaction platform found that the operators of the network conceal the real situation, provide false or invalid information on the functional subject of the transaction and should immediately cease the provision of the platform services.

The operators of a third-party network transaction platform should establish and make public platforms for the safety and security of transaction rules and transactions, consumer rights protection, poor information processing, and ensure that web dealers and other web users are able to facilitate, fully access and preserve.

Article 20 operators of a third-party network transaction platform should review, monitor and detect information on goods and services issued within the platform, identify violations and take timely measures to put an end to them;

Article 21 operators of a third-party network transaction platform should establish a mechanism for the protection of intellectual property and take the necessary measures to protect the rights of the registered trademarks, the right to work and the right to patent.

Article 2 operators of a third-party network transaction platform shall enter into agreements with the operators of networks dealing with the platform to clarify the rights and obligations of both parties in terms of access and exit platforms, quality safety, intellectual property protection, consumer rights and protection.

The development or modification of the rules on the services of the third-party network trading platform operators may have a significant impact on the interests of the user of the network and should seek the views of web users in the platform. The time period for consultation shall not be less than 15 days.

Article 23 operators of a third-party network transaction platform operate on a platform to distinguish and mark the business component of other operators within the self-employment component and platform.

Article 24 operators of a third-party network transaction platform shall record information on goods and services issued on the platform, the time of publication and the transaction records, and shall not be kept less than two years from the date of completion.

The operators of a third-party network transaction platform should protect the safety of the trading network system in accordance with national levels and standards, and adopt technical tools such as data-recovery back, failure recovery, to guarantee the integrity, integrity, integrity and security of data and information on cyber transactions.

Article 25 Operators of a third-party network transaction platform shall terminate the provision of platform services, which shall be displayed in the web home page by three months of the date of the termination and inform the web users of the platform.

Chapter IV Consumer rights protection

Article 26 Operators of networks should provide consumers with information on the names, types, quantity, quality, prices, producer names and residences of the goods and services they operate on the basis of the characteristics of the goods and services, as well as the manner and duration of their performance, safety attention matters, risk alerts, post-ale services and civil responsibility, and should be fully explained in relation to the existence of defective commodities.

Article 27 provides the consumer with an electronic format contract, and shall determine the rights and obligations of the parties to the transaction in accordance with the principle of equity, draw the consumer's attention to the provisions of a major stake in the consumer's rights and make it clear in accordance with the consumer's request.

Cyber dealers may not make unfair and unreasonable provisions for consumers, including through electronic format contracts, and shall not make mitigation or waivers of the responsibilities of the operator, exclude or limit consumer rights, increase consumer responsibility, etc., and shall not use technical means to enforce transactions.

Web operators should take technical measures to ensure that consumers are able to access e- format contracts.

Article 28 provides goods and services by a web dealer, which shall be obtained by means of a purchaser or service document to the consumer in accordance with the provisions of the law, regulations and regulations or commercial practices.

The operators of the network are able to obtain vouchers or service documents in electronic form, and the consumer requests written vouchers or vouchers.

e-chemical vouchers or service documents, transaction communication records, etc., can serve as a voucher to deal with cyber consumer disputes.

Article 29 Operators of CyberTs carry out promotional purposes and the issuance of promotional information should express the scope, prices, quantity and scope of marketing methods, rules, duration and promotion of commodities or services.

The promotional activities do not include all commodities or services, and must not be claimed as a whole. During the promotion period, no arbitrary changes in the distribution of information should be made; when the sale of commodities is completed, it should be made clear.

Article 33 operators may not harass or threaten consumers in any way, compelling them to make, modify commodity or service evaluations contrary to the will.

Article 31, the legitimate rights and interests of consumer purchase missions in the acquisition of commodities, may require repayments, refunds or compensation to commodity providers. The owner of a network transaction ordered by the organization cannot or refuse to provide the consumer with the name or name, address, contact, and the consumer may also claim compensation to the owner of the network transaction.

The organizer's purchaser's web dealer committed to paying prior claims, and the consumer could directly require liability.

The operators of a third-party network transaction platform should establish consumer dispute reconciliation and conciliation systems.

Consumers and web dealers are subject to consumer disputes and may require mediation by third-party network operators. The operator of the platform shall be treated within seven working days from the date of receipt of the consumer request.

As a result of consumption disputes, consumers require a third-party network transaction platform to provide the name or name, address, contact, etc. of the licensor, and a third-party network transaction platform operator should be provided within 15 working days from the date of receipt of the request.

Article 33 encourages the operators of a third-party network trading platform to establish consumer rights bonds.

The third-party network transaction platform operator has established consumer rights bonds, including cash collections for web operators in the platform, and the freezing of funds, and should make a clear agreement with the web operators in the platform on the amount of bonds, management, use, etc.

The operators of a third-party network transaction platform should regularly communicate the use of consumer interest bonds.

Article 34 purchases of commodities through a third-party network transaction platform or is subject to a dispute over services, and consumers can lodge complaints to the relevant administrative authorities in the area of the network operator's residence or to the relevant administrations where the third-party web transaction platform operates.

Chapter V A credible trading environment

Article XV of the municipal market supervision management should provide social information on the subject matter of a web transaction operator, as well as a record of penalties, with the relevant administration, industry associations, financial institutions.

The operators of the third-party network trading platform should provide information to the urban market supervision authorities on those who have been reclaimed by violations of the legitimate rights and interests of others.

Article XVI, which has been operated by a network transactioner of business registration, shall be subject to a wise record of the public operating licence, an electronic link to the business licence or an electronic licence.

The operators of a third-party network transaction platform shall publish a document of the business license of the operators of a registered network transaction, electronic business licences, or maintain an electronic link mark for the establishment of a business licence; and a natural person who has not yet done so to sell a commodity or provide services to the platform, and a third-party web transaction platform operator shall make a nuclear mark that demonstrates the authenticity of personal identity information, plus a staggered place in its business activities.

Article 37 encourages the operators of a third-party network transaction platform to provide fair and impartial credit evaluation services to the transaction party, objectively and impartially to collect and record the credits of the network operators in the platform, and establish credit evaluation systems, credit disclosure systems, transaction risk alert systems.

The operators of a third-party network transaction platform are encouraged to disclose a record of the wrongdoing of the operator on the platform page or on the web operator's page.

Article 338 operators collect and use information from others in their business activities, should be guided by legitimate, legitimate and necessary principles, express purposes, modalities, rules and scope for the collection, use of information and agreed by the collector. Web operators should take measures to ensure information security and prevent the disclosure, loss and modification of information.

Data information on the private information collected by cyber dealers and the commercial secrets of other network operators should be strictly confidential; no disclosure, use or permit use of others without the consent of the information providers.

Article 39 Social intermediaries may provide to the community, by law, information, assessment and services on the credit status of those who operate online transactions. Social intermediary agencies should not collect credit information by deception, theft, bribery, inducement and coercion, and should not be used for illicit purposes.

Social intermediaries carry out credit evaluation activities and should respect the principle of neutrality, objectivity and integrity and refrain from arbitrarily modifying information such as the results of the evaluation of the operators.

Chapter VI Oversight management

Article 40. Market oversight management should establish a network transaction monitoring mechanism, adopt information technology measures, monitor the conduct of cyber deal operators and monitor information on goods and services in cyber transactions.

Information communication and regulatory coordination mechanisms should be put in place in the administrations such as urban market regulation, quality, public safety, commerce, culture, radioTV, press publication, patents, health, tourism, agriculture, transport and transport, and coordination of monitoring of cybercrime.

Article 40 Operators of a third-party network transaction platform and operators providing logistics, networking, server hosting, virtual space rental, web page design operators should assist market oversight management and related administration authorities in the cross-border transactions and provide information, such as functional qualifications, transaction data, that does not conceal the facts and cannot be denied or obstructed.

In accordance with the relevant provisions, the market supervision management and the relevant administration sector require the operators of the third-party network trading platform to take the necessary measures to curb alleged violations, and the third-party network transaction platform operators should cooperate.

Article 42 provides information on technical monitoring records of cyber transaction activities by market monitoring authorities, which can serve as evidence of the administrative penalties imposed by cyber operators in conflict with the law or administrative coercive measures.

Article 43 XIII unlawfully established websites to engage in cyber transactions or to use legitimately established websites to engage in illegal Internet transactions, the market supervision management and the relevant administration sectors may, in accordance with the law, call the site licensor or stop access to the website by law.

Upon investigation by the market supervision management and the relevant administration authorities of the offence, the closure of the website or the discontinuation of access to the website could be brought to the law by the authorities of communications in the area of the website, or back-to-back, or the closure of the website.

Article 44 of the Convention on CyberT transactions that occurred on a third-party web transaction platform is governed by the market supervision management in the place of the operator of the third-party network transaction platform; the market supervision management in the place of the third party's network operator's residence may be transferred to the market supervision management in the place of the operator's residence where the offence occurs.

Chapter VII Legal responsibility

Article 42 provides for legal responsibility for violations of this approach, which is regulated by law, legislation and regulations.

Article 46, in violation of article 8, paragraph 1, paragraph 2, of this approach, provides that information not submitted to the business registration information or natural identification, business address, contact modalities, etc., third-party web transaction operators provide platform services for web operators and that the deadline for the operation of the market supervision management order platform shall be changed and fined up to 3,000 dollars.

In violation of article 18 of this approach, a third-party network transaction platform operator does not conduct a review of the principal qualifications of the operators involved in the operation of the platform or the creation of the archives, which are converted by the time limit of the operator of the market supervision management order platform and may be fined by more than 5,000 yen; and knows that the owner of the web transaction provides false or ineffective material qualifications information, while providing the platform services to the market supervision management and imposing a fine of over 3,000 dollars.

Article 47, in violation of article 10 of this approach, is corrected by a regulatory order of the market supervision and imposes a fine of up to 3,000 yen; the act of a web dealer violates the laws, regulations and regulations of the People's Republic of China Trademark Act, the People's Republic of China Anti-Frame Law of the People's Republic of China, which are sanctioned by the relevant administrative authorities in accordance with the provisions of the laws, regulations.

Article 48 Eighteen operators violate the provisions of this approach and are penalized by market oversight authorities according to the following provisions:

(i) In violation of Article 12, the organization's acquisition activities are not subject to review and record of the principal qualifications of the provider, the quality of the commodities certificate, and are fined by over 3,000 dollars;

(ii) In violation of article 14, the period of time was changed without distinctions, markings, and the period of time had not been corrected, with a fine of over 3,000 dollars.

(iii) In violation of article 27, paragraph 3, which stipulates that no technical measures have been taken to ensure that consumers have access to electronic format contracts and that the period of time has been changed; and that the period of time has not been rectified is subject to a fine of up to 1 million dollars for 2000.

(iv) In violation of article 29, the publication of promotional information is not in accordance with the requirements of the provision, misleading consumers, or arbitrary changes in promotional information during the promotional period, damaging consumer interests, corrective action orders and fines of over 3,000 dollars;

(v) In violation of article 33, harassment or threat of consumers, compelling them to carry out, modify commodity or service evaluations in contravention of their will, be corrected and fined by more than 20,000 dollars.

Article 49, in violation of article 15 of this approach, provides for the promotion, comment on the compensation of commodities through a network of social broadcasters, but does not disclose to consumers, for example, the period of time being ordered by the market supervision management and fines of over 1,000 yen.

In violation of article 16 of this approach, the operators, when providing access to networks, server hosting, virtual space rental, website web page production, have not been reviewed and recorded in accordance with the provisions for the functional qualifications and related content of the entrusted person, and are fined by the market supervision management authority for the period of time and by a fine of more than 5,000 yen; are advised that the web page requested by the commissioner is subject to the content of the law, with over 3,000 dollars being charged by market supervision management.

Article 50 of the third-party network transaction platform operator violates the provisions of this approach and is punished by the market supervision authorities in accordance with the following provisions:

(i) In violation of article 22, paragraph 2, that there is no warning to the length of time, in accordance with the requirement for prior consultation, and that the period of time was not changed, with a fine of up to €50 million;

(ii) In violation of article 23, there is no distinction between self-employed commodities, service components and other operators operating in the platform and a change in the period of time;

(iii) In violation of article 24, paragraph 1, that information relating to the maintenance of goods or services, the issuance of time, transaction records, etc., is correct and fined by over 5,000 yen;

(iv) In violation of article 25, the termination of the platform service is not subject to a request for a fine of up to 3,000 dollars;

(v) In violation of article 32, paragraph 2, paragraph 3, that consumer disputes have not been dealt with within the prescribed time period, or that information on the subject matter of a web dealer is correct and fined by more than 1,000 dollars.

In violation of article 24 of this approach, the operators of a third-party network transaction platform have not implemented the data backup, the technical measures for data security protection, which are dealt with by public security authorities in accordance with relevant laws, regulations and regulations.

In violation of article 36, paragraph 1, of this scheme, a web transaction licensed has not been registered by the licensee of the operation, an electronic link to the business licence or an electronic licence, which is modified by the market supervision management order and may be fined by more than 1,000 yen.

In violation of article 36, paragraph 2, of this approach, the operators of the third-party network trading platform have not been publicly registered information on the business registration of the operator of the Internet transaction or have not been included in the identification information of natural persons, which is modified by the time limit of the market supervision management order and may impose a fine of up to $20,000.

Chapter VIII

Article 53