1. Background

On October 29, 2021, the State Administration for Market Regulation issued the "Guidelines for Classification and Classification of Internet Platforms (Draft for Comment)" (hereinafter referred to as "Guidelines for Classification and Classification") and the "Guidelines for Implementing Subject Responsibilities of Internet Platforms (Draft for Comment)" (hereinafter referred to as the "Guidelines for Subject Responsibilities"), soliciting opinions from all walks of life. The "Guidelines for Classification and Classification" and "Guidelines for Subject Responsibilities" aim to scientifically define platform categories, reasonably divide platform levels, and promote platform companies to implement their main responsibility. in:

1. The "Classification and Classification Guide" divides Internet platforms into six categories and three levels. It is the first clear classification and classification standard for Internet platforms in my country, and provides a strong guiding role for the classification and classification of enterprises. Through the classification and grading of Internet platforms, it can help formulate the key points of different types of platform governance more accurately, thereby improving the level of supervision, better driving industry development and serving users.

2. The "Guide to Subject Responsibilities" proposes 34 detailed subject responsibilities for Internet platform operators, including demonstration of fair competition, equal governance, and open ecology, involving network security, data protection, personal information protection, competition law, intellectual property rights, etc. Law, Advertising Law and other aspects, and separately stipulates 9 compliance obligations for operators of super-large Internet platforms, further refining the responsibilities of Internet platforms.

2. Classification and classification of platforms

(1) Platform classification

Combining with the current situation of platform development in my country, the platform is divided into the following six categories according to the connection objects and main functions of the platform (see Table 1).

Table 1 Platform classification

Platform Category

connection properties

  The main function

Online sales platform

Connecting people and goods

Transaction function

Life service platform

Connecting people and services

  service function

social entertainment platform

connecting people

Social entertainment function

Information platform

Connecting people and information

Information information function

Financial service platform

Connecting people and money

Financing function

Computing application platform

Connecting people and computing power

Network computing function

(2) Platform classification

Considering the user scale, business types, economic volume, and restrictive capabilities, the Internet platforms are divided into three levels: super platforms, large platforms, and small and medium-sized platforms (see Table 2).

Platform classification

Grading Basis

specific standard

super platform

Large scale of users

No less than 500 million active users in China in the previous year

Super wide business types

The core business involves at least two types of platform businesses

Ultra-high economic volume

The market value (valuation) at the end of last year is not less than 1 trillion yuan

Super restrictive ability

Has a strong ability to restrict merchants from contacting consumers (users)

large platform

Larger user scale

The number of active users in China in the previous year is no less than 50 million

Main business

The main business of the platform with outstanding performance

higher economic size

The market value (valuation) at the end of last year is not less than 100 billion yuan

Strong limiting ability

Have a strong ability to restrict merchants from contacting consumers (users)

Small and medium platform

Certain user scale

Has a certain number of annual active users in China

Certain business types

Have a certain business

certain economic size

Has a certain market value (valuation)

certain limited capacity

Have a certain ability to limit merchants' access to consumers (users)

3. Platform Data Compliance Responsibilities

The data compliance responsibilities in the "Guidelines for Subject Responsibilities" include data management, data acquisition, algorithm regulation, network security, data security, and natural person personal privacy protection and personal information protection (see Table 3).

Table 3 Platform data compliance responsibilities

Platform Responsibility

Applicable platform

  details

data management

Super large platform operator

Super-large platform operators should establish and improve data security review and internal control mechanisms, and conduct data development activities involving the processing of users' personal information, cross-border data flow, and national and social public interests in strict accordance with laws and regulations to ensure data security. Super-large platform operators should determine the person responsible for data security, and clarify the list and contact information of relevant personnel

  data collection

All levels and various platforms

Without the user's consent, Internet platform operators shall not combine personal data obtained through platform services with personal data from other services of their own or third-party services. Internet platform operators shall not induce or force users to log in and use other services provided by themselves for the purpose of merging personal data.

Algorithmic Regulation

All levels and various platforms

When Internet platform operators use the big data they have for product recommendation, order distribution, content push, price formation, performance assessment, reward and punishment arrangement, etc., they need to abide by the principles of fairness, impartiality, and transparency, abide by laws and regulations, and respect social ethics. and basic scientific ethics, and shall not infringe upon the basic rights of citizens and the legitimate rights and interests of enterprises. The use of algorithms involving social and public interests shall comply with relevant state regulations on algorithm supervision and accept social supervision.

  cyber security

All levels and various platforms

Internet platform operators shall, in accordance with the requirements of the network security graded protection system, perform network security protection obligations, and protect the network from interference, damage, or unauthorized access. Internet platform operators shall formulate contingency plans for cybersecurity incidents, and in the event of a cybersecurity incident, they shall immediately activate contingency plans, take corresponding remedial measures, and report to the relevant competent authorities.

  Data Security

All levels and various platforms

Internet platform operators carrying out data processing activities shall, in accordance with relevant regulations, implement the relevant requirements of the data classification and grading protection system, establish and improve the whole-process data security management system, organize and carry out data security education and training, and take corresponding technical measures and other necessary measures to protect data. Safety. On the basis of the network security level protection system, perform data security protection obligations. Internet platform operators handling important data should specify the person in charge of data security and the management agency.

Natural Person Privacy and Personal Information Protection

All levels and various platforms

Internet platform operators shall effectively abide by national laws, regulations and provisions related to the protection of natural persons’ privacy and personal information in their operations, and fulfill their responsibilities for the protection of natural persons’ privacy and personal information. If the personal information of users handled by Internet platform operators is or may be leaked, tampered with, or lost, it should take remedial measures in a timely manner and notify natural persons in accordance with regulations; if serious consequences are caused or may be caused, they should immediately report to the regulatory authorities and cooperate with them. Investigate and handle, and assume corresponding responsibilities.

Article 4 of the "Guidelines for Subject Responsibilities" specifically stipulates the data management subject responsibilities of super-large platform operators. It is only for super large platform operators, namely super platforms and large platforms stipulated in the "Guidelines for Classification and Classification", and separately proposes three situations: user personal information processing, cross-border data flow, and data development involving national and social public interests. Data security assurance and legal compliance in the above three situations are emphasized. Super-large platform operators should also determine a dedicated data security person, which is consistent with Article 34 of the Cybersecurity Law, Article 27 of the Data Security Law, and Article 52 of the Personal Information Protection Law. The provisions on the determination of the person in charge are in line with the provisions of the article.

Attached:

Guidelines for Classification and Grading of Internet Platforms

(Draft for comments)

1. Purpose of the Guidelines

In order to better promote the regulated and healthy development of my country's platform economy, protect fair competition in the market, promote technological innovation, safeguard consumer rights and interests, conduct more scientific and standardized management of Internet platforms, and enhance the pertinence and effectiveness of supervision, the guidelines for the classification and classification of Internet platforms are specially formulated. .

2. Platform Classification Guidelines

2.1 Classification basis

Categorizing platforms requires consideration of the connectivity properties and primary functions of the platform. The connection attribute of the platform refers to the connection between people and goods, services, information, entertainment, funds and computing power through network technology, so that the platform has various functions such as transactions, social interaction, entertainment, information, financing, and computing.

2.2 Classification scheme

Combining with the current situation of platform development in my country, the platform is divided into the following six categories according to the connection objects and main functions of the platform (see Table 1).

Table 1 Platform classification

Platform Category

connection properties

  The main function

Online sales platform

Connecting people and goods

Transaction function

Life service platform

Connecting people and services

  service function

social entertainment platform

connecting people

Social entertainment function

Information platform

Connecting people and information

Information information function

Financial service platform

Connecting people and money

Financing function

Computing application platform

Connecting people and computing power

Network computing function

2.3 Online sales platforms

The online sales platform connects people and commodities. Its main functions include providing sales services, facilitating transactions between both parties, and improving matching efficiency. Including but not limited to the following sub-platforms:

(1) Comprehensive commodity trading category: a comprehensive platform specialized or mainly engaged in providing various commodities such as clothing, hats, shoes and boots, luggage accessories, digital electrical appliances, food washing and nursing.

(2) Vertical commodity trading: a platform specialized or mainly engaged in the trading of a certain type of products, with precise differentiated positioning and unique brand added value.

(3) Supermarket group purchase category: a platform specialized or mainly engaged in the supply of daily necessities such as vegetables and fruits, meat, eggs and aquatic products, grain and oil seasoning, alcohol and beverages, and daily necessities, as well as group purchase and other distribution services.

2.4 Life service platforms

The life service platform connects people and services. Its main functions include providing services such as travel, distribution, housekeeping, renting and buying houses, and children's education. Including but not limited to the following sub-platforms:

(1) Travel services: platforms that are specialized or mainly engaged in providing travel-related services, such as shared bicycles, taxi-hailing software, bus and subway query software, etc.

(2) Tourism services: platforms that are specialized or mainly engaged in attracting and receiving tourists, and providing them with services such as transportation, tours, accommodation, catering, shopping, entertainment, etc., such as tourism customization, ticket purchase, hotel reservation, etc.

(3) Distribution services: platforms that specialize or mainly engage in takeaway, logistics and other services, such as food delivery, intra-city delivery, express delivery, etc.

(4) Housekeeping services: platforms that specialize in or mainly engage in housekeeping services such as babysitting, nursing, cleaning, and family management.

(5) Real estate brokerage: a platform specialized or mainly engaged in real estate sales and leasing, including house sales, house leasing, etc.

2.5 Social Entertainment Platforms

The social entertainment platform connects people and its main functions include social interaction, game leisure, audio-visual services, literature reading, etc. Including but not limited to the following sub-platforms:

(1) Instant messaging: a platform specialized or mainly engaged in the instant delivery of text messages, files, voice and video communication.

(2) Leisure games: platforms that are specialized or mainly engaged in game operation and promotion, including web games, personal computer (PC) games, mobile games, etc.

(3) Audio-visual services: platforms that are specialized or mainly engaged in the supply of various multimedia materials, including songs, movies, etc.

(4) Live video category: platforms that are specialized or mainly engaged in the use of the Internet and streaming media technology for live broadcast.

(5) Short video category: a platform dedicated to or mainly engaged in the push of short video content ranging from a few seconds to a few minutes, including skill sharing, humor, fashion trends, social hotspots, street interviews, public welfare education, advertising creativity, business customization etc. themes.

(6) Literature category: platforms specializing in or mainly engaged in online literature, digital publications and other major electronic reading products, including literature, social sciences, education, fashion, etc.

2.6 Information Information Platform

The information information platform connects people and information, and its main functions include providing news information, search services, audio and video information content, etc. Including but not limited to the following sub-platforms:

(1) News portals: platforms that are specialized or mainly engaged in providing news information, entertainment information and other Internet information resources and providing related information services.

(2) Search engines: specialized or mainly engaged in organizing and processing the information collected on the Internet, providing retrieval services for users, and displaying relevant retrieved information to users.

(3) User Content Generation (UGC) category: a platform dedicated to or mainly engaged in users uploading their own original content to the Internet or providing it to other users.

(4) Audio-visual information: platforms specialized or mainly engaged in radio stations, audio sharing, etc.

(5) News organizations: platforms that are specialized or mainly engaged in news collection, production, release, and operation.

2.7 Financial service platforms

The financial service platform connects people and funds. Its main functions include providing payment and settlement functions, providing online loan services, financial wealth management services, financial information and securities investment services. Including but not limited to the following sub-platforms:

(1) Comprehensive financial services: comprehensive platforms that are specialized or mainly engaged in providing inclusive financial services to small and micro enterprises and individual consumers.

(2) Payment and settlement categories: payment service platforms specialized or mainly engaged in Internet payment, mobile phone payment, etc.

(3) Consumer finance: a modern financial service platform specialized or mainly engaged in providing consumer loans to consumers.

(4) Financial information category: a comprehensive financial information platform specialized or mainly engaged in providing users with market quotes, financial data, financial information, analytical tools, portfolio management and other services.

(5) Securities investment: financial service platforms that are specialized or mainly engaged in providing overall Internet technology (IT) solutions and services for financial institutions and wealth management tools for individual investors.

2.8 Computing application platform

The computing application platform connects people and computing capabilities. Its main functions include application on mobile phones and operating systems, information management and cloud computing, and provision of network services. Including but not limited to the following sub-platforms:

(1) Intelligent terminals: platforms specialized in or mainly engaged in the development, production, sales, and technical services of terminal products such as data communication equipment, information systems, intelligent systems, and wireless data products.

(2) Operating systems: platforms that are specialized or mainly engaged in the research and development, production and sales of operating systems such as mobile operating systems and distributed operating systems.

(3) Mobile phone software (APP) application store category: a platform specialized or mainly engaged in analysis, design, coding, and generation of APP software. 

(4) Information management category: a platform specialized or mainly engaged in enterprise resource planning (ERP) management software, financial system, IT information and other enterprise management software research and development, technical services, etc.

(5) Cloud computing: Platforms that are specialized or mainly engaged in providing cloud computing services for enterprises, including platforms that provide network infrastructure services (IAAS), platform services (PAAS), application software services (SAAS), etc.

(6) Network services: specialized or mainly engaged in Domain Name Service (DNS), Dynamic Host Configuration Protocol (DHCP), Windows Internet Naming Service (WINS), File Transfer Protocol (FTP), Remote Terminal Protocol (Telnet) and other platforms.

(7) Industrial Internet: platforms that are specialized or mainly engaged in platform design, intelligent manufacturing, network collaboration, personalized customization, service extension, digital management, etc.

3. Platform Grading Guidelines

3.1 Classification basis

To classify the platform, it is necessary to comprehensively consider the user scale, business types and restrictive capabilities. User scale refers to the number of annual active users of the platform in China, business type refers to the platform business involved in the classification of the platform, and restriction capacity refers to the ability of the platform to limit or prevent merchants from reaching consumers.

3.2 Grading scheme

According to the above classification basis, Internet platforms can be divided into the following three levels (see Table 2):

Table 2 Platform classification

Platform classification

Grading Basis

specific standard

super platform

Large scale of users

No less than 500 million active users in China in the previous year

Super wide business types

The core business involves at least two types of platform businesses

Ultra-high economic volume

The market value (valuation) at the end of last year is not less than 1 trillion yuan

Super restrictive ability

Has a strong ability to restrict merchants from contacting consumers (users)

large platform

Larger user scale

The number of active users in China in the previous year is no less than 50 million

Main business

The main business of the platform with outstanding performance

higher economic size

The market value (valuation) at the end of last year is not less than 100 billion yuan

Strong limiting ability

Have a strong ability to restrict merchants from contacting consumers (users)

Small and medium platform

Certain user scale

Has a certain number of annual active users in China

Certain business types

Have a certain business

certain economic size

Has a certain market value (valuation)

certain limited capacity

Have a certain ability to limit merchants' access to consumers (users)

3.3 Super Platform

A super platform refers to a platform with super large user scale, super wide business types, super high economic volume and super restrictive capabilities. Among them, the scale of ultra-large users, that is, the annual active users of the platform in China in the previous year was no less than 500 million; the type of ultra-wide business, that is, the core business of the platform involves at least two types of platform businesses, which involve online sales, life services, social entertainment, Information, financial services, computing applications and other six aspects; ultra-high economic volume, that is, the market value (valuation) of the platform at the end of last year is not less than 1 trillion yuan; ultra-strong restrictive capacity, that is, the platform has a super-strong restriction on merchants' access to consumption the ability of the user (user).

3.4 Large Platform

A large-scale platform refers to a platform with a larger user scale, a wider range of business types, more business scope, higher economic volume, and stronger restriction capabilities. Among them, the larger user scale, that is, the platform's annual active users in China in the previous year was no less than 50 million; the wider business type, that is, the platform has the main business with outstanding performance; the higher economic volume, that is, the market value of the platform at the end of last year ( valuation) shall not be less than 100 billion RMB; strong restrictive ability, that is, the platform has a strong ability to restrict merchants from contacting consumers (users).

3.5 Small and medium platforms

Small and medium-sized platforms refer to platforms with a certain user scale, limited business types, limited economic volume, and limited limited capacity.

Guidelines for Implementing Subject Responsibilities on Internet Platforms

(Draft for comments)

In order to regulate the business activities of Internet platforms, adhere to both development and regulation, promote the healthy and sustainable development of the platform economy, implement the responsibilities of the main body of the platform, and protect the legitimate rights and interests of all parties, this guide is formulated in accordance with relevant laws, regulations and other normative documents.

In conducting business activities, Internet platform operators must safeguard national interests and social and public interests, protect the lives, health and property safety of the people, follow the principles of voluntariness, equality, fairness, and integrity, abide by laws, regulations, rules, business ethics, public order and good customs, and insist on strengthening Open and innovate, participate in market competition fairly, conscientiously perform legal obligations, actively assume primary responsibility, and accept supervision from all walks of life.

Article 1 [Fair Competition Demonstration] Super-large platform operators have advantages in scale, data, technology, etc., and should play a leading role in fair competition demonstration.

(1) When conducting fair competition with the operators on the platform, without justifiable reasons, do not use the non-public data generated or provided by the operators on the platform and their users when using the platform services.

(2) When operators or users on the platform access, register, log in, and obtain the platform services they need, the use of services provided by other affiliated platforms is not a prerequisite.

Article 2 [Equal Governance] Super-large platform operators shall abide by the principles of fairness and non-discrimination. When providing related products or services, the platform itself (or its affiliates) and the operators on the platform shall be treated equally, and no self-preferential treatment shall be implemented.

Article 3 [Open Ecosystem] Super-large platform operators shall, on the premise of compliance with security and the protection of the rights and interests of relevant subjects, promote the interoperability of the services provided by them with those provided by other platform operators. Operators of super-large platforms shall provide convenience for other qualified operators and users to obtain the services provided by them without justifiable reasons.

Article 4 [Data Management] Super-large platform operators shall establish and improve data security review and internal control mechanisms, and must strictly comply with laws and regulations regarding the processing of users’ personal information, the cross-border flow of data, and data development activities that involve national and social public interests. to ensure data security.

Super-large platform operators should determine the person responsible for data security, and specify the list and contact information of relevant personnel.

Article 5 [Internal Governance] A super-large platform operator shall set up a platform compliance department, continuously improve the platform's internal compliance system and compliance mechanism, and actively respond to the regulatory requirements of the regulatory department. A mechanism for preventing corruption within the platform should be established to effectively prevent illegal acts such as commercial bribery by personnel inside the platform. A regular education and training mechanism within the platform should be established to improve the overall awareness of the platform's compliance with laws and regulations.

Article 6 [Risk Assessment] A super-large platform operator shall conduct a risk assessment at least once a year to identify, analyze and evaluate various risks that may be caused by the Internet platform services it provides, mainly including the following aspects:

(1) disseminate illegal content;

(2) Infringing upon the legitimate rights and interests of consumers;

(3) Failure to provide platform services normally, resulting in violation of normal social order, public interests, and national security.

When conducting risk assessment, super-large platform operators should focus on examining the content review system, advertising targeting recommendation system, content recommendation and distribution system, platform security and stable operation system, and various factors that may affect the above risks.

Article 7 [Risk Prevention and Control] Super-large platform operators shall take the following risk prevention and control measures for the specific platform operation risks specified in Article 6:

(1) Establish an internal mechanism for content review or advertisement recommendation review;

(2) Regularly release risk assessment reports and accept social supervision;

(3) Other emergency safeguard measures to prevent platform risks.

Article 8 [Security Audit] The operator of a super-large platform shall regularly entrust a third-party independent agency to audit the compliance of the main body responsibilities stipulated in these Guidelines, and the third-party independent agency shall issue a written audit report. The report should include the following:

(1) The name, address and contact information of the super-large platform to be audited;

(2) The name and address of the institution conducting audit activities;

(3) the main conclusions of the audit;

(4) Operational suggestions for achieving compliance.

Article 9 [Promoting Innovation] The operators of super-large Internet platforms shall make full use of their advantages in resources such as data, capital, talents, users, and technology, increase investment in innovation, improve technological levels, organize key technological breakthroughs, accelerate technological iteration, and support small and medium-sized technologies. Enterprise innovation constantly stimulates the vitality of innovation and development in the field of platform economy.

Article 10 [Information Verification, Recording, and Publicity] Internet platform operators shall verify and register the information on the relevant entities of the operators who apply to enter the platform, establish registration files, and regularly verify and update them. Internet platform operators shall record and preserve the information and related transaction records of goods and services published on the platform in accordance with the law, and ensure the integrity, confidentiality, and availability of the information. Internet platform operators shall urge operators on the platform to publicize relevant subject identity information and license qualification documents in accordance with the law.

Article 11 [Management of users on the platform] Internet platform operators shall, in accordance with relevant laws and regulations, implement the real-name system for network users, establish an effective management system for user behavior on the platform, and ensure that user behavior is legal, compliant, and abides by social ethics. Internet platform operators shall take necessary measures, including terminating services or restricting the provision of services, for users on the platform who have violated laws and regulations to avoid the recurrence of relevant acts. Internet platform operators shall promptly report relevant users' violations of laws and regulations to the competent department, and assist relevant departments in investigation and accountability.

Article 12 [Platform Content Management] Internet platform operators shall establish an effective content management system based on the platform's own characteristics to avoid the dissemination of illegal information on the platform. When Internet platform operators discover information that violates laws and regulations, violates social order and good customs, and has a negative impact on the network ecology, they should take measures such as warning, restricting release, stopping transmission, eliminating information, suspending updates, or even closing accounts, and keep relevant records, depending on the circumstances. Report to regulatory authorities. The platform should set up convenient and quick links to facilitate users to report and complain about suspected violations of laws and regulations on the platform, respond in a timely manner and take necessary measures.

Internet platform operators shall not infringe upon the legitimate rights and interests of others or seek illegal interests by publishing, deleting information and other means of interfering with the presentation of information. If a user has the above-mentioned behavior, the Internet platform operator shall take relevant measures in a timely manner and report to the regulatory authority.

Article 13 [Prohibition and Restriction of Sales and Control] For the goods and services that laws, regulations and relevant normative documents expressly prohibit or restrict the sale and provision of, Internet platform operators shall dynamically establish audit thesaurus and control mechanisms, and establish platform audit mechanisms. and routine inspection mechanisms, and any violations of laws and regulations should be reported to the relevant departments in a timely manner.

Article 14 [Service Agreement and Transaction Rules] Internet platform operators shall improve the transparency of rules and implement information disclosure and reporting systems related to service agreements and transaction rules. Follow the relevant public announcement, solicitation, hearing and negotiation procedures for rule formulation and revision to ensure the openness, fairness and impartiality of relevant rules.

Article 15 [Credit Evaluation] Internet platform operators shall establish and improve a credit evaluation system for operators on the platform, publicize credit evaluation rules, and provide an effective and convenient way for consumers to submit user evaluations and other users to view user evaluations, so as to ensure consumption The right of credit evaluation is established, and a favorable environment for credit evaluation is created. Internet platform operators shall not illegally delete or tamper with relevant user evaluation content, and have to interfere with the normal presentation of user evaluations. Internet platform operators are encouraged to provide technical support and necessary cooperation for the effective presentation of national credit supervision-related information on the platform, so as to promote the construction of Internet integrity.

Article 16 [Anti-monopoly] Internet platform operators shall abide by laws, regulations, and rules in the field of anti-monopoly, and shall not engage in monopolistic behaviors such as monopoly agreements and abuse of dominant market positions. Before implementing the concentration of operators, Internet platform operators shall perform the reporting obligations in accordance with relevant laws and regulations, and shall not implement the concentration before obtaining the approval of the relevant departments.

Article 17 [Anti-Unfair Competition] Internet platform operators shall not use technical means to conduct unfair competition acts that impede or destroy the normal operation of network products or services legally provided by other operators by influencing user selection or other means. Operators of Internet platforms shall not carry out confusing behaviors that lead people to misunderstand that they are goods or services of others or have a specific connection with others. Internet platform operators shall not fabricate or spread false information or misleading information to damage competitors' business reputation and product reputation. Internet platform operators shall not conduct false propaganda through false transactions, organize false transactions, etc., and shall not help operators on the platform to conduct false transactions, or provide convenience for false transactions.

Article 18 [Data Acquisition] Without the consent of users, Internet platform operators shall not combine personal data obtained through platform services with personal data from other services of their own or from third-party services.

Internet platform operators shall not induce or force users to log in and use other services provided by themselves for the purpose of merging personal data.

Article 19 [Algorithm regulation] When Internet platform operators use the big data they have for product recommendation, order distribution, content push, price formation, performance assessment, reward and punishment arrangement, etc., they need to abide by the principles of fairness, impartiality and transparency. Abide by laws and regulations, respect social morality and basic scientific ethics, and shall not infringe upon the basic rights of citizens and the legitimate rights and interests of enterprises. The use of algorithms involving social and public interests shall comply with relevant state regulations on algorithm supervision and accept social supervision.

Article 20 [Price Code of Conduct] Internet platform operators shall abide by relevant laws and regulations on prices during their business operations, and shall not use platform rules, data, algorithms and other technical means to implement price discrimination, price gouging, low-price dumping and other unfair prices behavior, and shall not use false or misleading price means to lure consumers into transactions. When Internet platform operators organize operators on the platform to conduct centralized promotions and other activities, they shall make special compliance risk warnings for possible violations of laws and regulations in the price field, and take effective management measures.

Article 21 [Advertising Code of Conduct] Internet platform operators shall abide by the "Advertising Law" and relevant laws and regulations in the operation of the platform, and increase the advance warning and post-processing of illegal advertisements by operators on the platform. Internet platform operators shall cooperate with relevant departments in the investigation and disposal of illegal advertisements on the platform, provide necessary data, and assist in law enforcement.

Article 22 [Intellectual Property Rights Protection] Internet platform operators shall establish targeted intellectual property protection rules and corresponding governance rules, fulfill their intellectual property protection responsibilities, strengthen cooperation with intellectual property rights holders, and strictly perform their intellectual property protection obligations. In the case of fault, bear the corresponding legal responsibility.

Article 23 [Prohibition of 

Marketing] Internet platform operators shall not illegally engage in pyramid selling activities, publish pyramid selling information, or provide convenient conditions or Internet information services for pyramid selling activities. Internet platform operators shall cooperate with law enforcement departments to investigate and punish pyramid selling activities.

Article 24 [Online black and gray production governance] Internet platform operators should strengthen the rectification of illegal and criminal acts on the platform, purify the order of cyberspace, and build a healthy and orderly online business environment. Internet platform operators and regulatory authorities should actively communicate, establish and improve working mechanisms such as information sharing, consultation and notification, special rectification, and case assistance, and coordinate in the governance of online black and gray industries.

Article 25 [Network Security] Internet platform operators shall, in accordance with the requirements of the network security graded protection system, perform their network security protection obligations, and protect the network from interference, damage, or unauthorized access. Internet platform operators shall formulate contingency plans for cybersecurity incidents, and in the event of a cybersecurity incident, they shall immediately activate contingency plans, take corresponding remedial measures, and report to the relevant competent authorities.

Article 26 [Data Security] Internet platform operators shall carry out data processing activities in accordance with relevant regulations, implement the relevant requirements of the data classification and grading protection system, establish and improve the whole-process data security management system, organize and carry out data security education and training, and take corresponding measures. technical measures and other necessary measures to ensure data security. On the basis of the network security level protection system, perform data security protection obligations. Internet platform operators handling important data should specify the person in charge of data security and the management agency.

Article 27 [Privacy of Natural Persons and Protection of Personal Information] Internet platform operators shall effectively abide by national laws, regulations, and provisions related to the protection of natural persons' privacy and personal information in their operations, and fulfill their responsibilities for the protection of natural persons' privacy and personal information.

If the personal information of users handled by Internet platform operators is or may be leaked, tampered with, or lost, it should take remedial measures in a timely manner and notify natural persons in accordance with regulations; if serious consequences are caused or may be caused, they should immediately report to the regulatory authorities and cooperate with them. Investigate and handle, and assume corresponding responsibilities.

Article 28 [Consumer Protection] Internet platform operators shall protect the statutory rights of consumers, and shall not deceive or mislead consumers. Internet platform operators shall establish convenient and effective online resolution mechanisms for complaints, reports and disputes to assist consumers in safeguarding their rights and interests. Internet platform operators shall establish an internal supervision and inspection system for the commodities and services released by operators on the platform, and urge operators on the platform to provide products and services that meet the requirements for personal and property safety. Internet platform operators shall undertake corresponding security obligations to protect the personal and property safety of consumers.

Article 29 [Protection of operators on the platform] Internet platform operators shall not use service agreements, transaction rules, technology and other means to unreasonably restrict or impose unreasonable conditions on the activities of operators on the platform, or to conduct business operations on the platform. charge unreasonable fees. Operators of Internet platforms shall not take advantage of their own advantages in operating the platform to conduct unfair competition with operators on the platform.

Internet platform operators shall, in accordance with laws and regulations, platform service agreements and transaction rules, determine to implement measures such as warning, suspending or terminating services for violations of laws and regulations and breaches by operators on the platform, they shall publicize them in a timely manner, and ensure that operators on the platform are aware of the relevant measures. The right to lodge a grievance and obtain relief.

Article 30 [Labor Protection] Internet platform operators shall abide by the relevant provisions of laws and regulations on labor protection. For platform flexible employment personnel, platform operators should assume corresponding responsibilities to protect the physical and mental health of practitioners, the safety of the working environment, and the rights to fair and reasonable remuneration and personal accident protection. Internet platform operators shall not restrict platform flexible employment personnel from employment on other Internet platforms.

Article 31 [Protection of Special Groups] Internet platform operators shall take necessary measures in the operation of the platform, fully implement the requirements of laws and regulations related to the protection of minors, and provide targeted information related to the physical and mental health and personality of minors. Develop appropriate network services to protect the legitimate rights and interests of minors in cyberspace.

Internet platform operators shall take necessary measures to provide targeted network applications suitable for aging, so as to ensure that the elderly and other people with obstacles can easily access the services provided by the platform. Internet platform operators shall pay attention to the special needs of special groups for Internet services in their operations, and take necessary measures to provide them with the technical support they need for normal activities on the platform.

Article 32 [Environmental Protection] Internet platform operators shall practice economy in operation, oppose waste, and take necessary measures to encourage efficient use of resources. Internet platform operators should fulfill the environmental protection responsibilities stipulated by laws and regulations, promote the implementation of the concept of green e-commerce, promote the reduction and recycling of the outer packaging of merchants on the platform, promote the use of degradable materials, and reduce the generation of solid waste in operations .

Article 33 [Tax Obligations] Internet platform operators shall abide by the provisions of tax laws and administrative regulations, perform tax obligations and withholding and payment obligations in accordance with the law, and report the identity information of operators on the platform and tax-related information to the tax authorities in accordance with regulations , and remind relevant entities to go through tax registration.

Article 34 [Cooperation with Law Enforcement] Internet platform operators shall actively cooperate with the supervision and law enforcement departments to perform their duties, provide the data and materials required by the law enforcement departments to perform their functions and conduct investigations in accordance with the procedures required by laws and regulations, and cooperate with the law enforcement departments in monitoring . Internet platform operators and other operators shall legally preserve the data of all links in the business process.

Article 35 [Application of this Guide] The super-large platform operators as defined in this guide shall take relevant measures in accordance with laws and regulations, perform the obligations listed in this guide, and implement the main responsibility of the platform. Platform operators other than super-large platform operators shall take relevant measures in accordance with laws and regulations, perform the obligations listed in Articles 10 to 34 of these Guidelines, and implement the main responsibility of the platform.

When the Internet platform implements the main responsibilities listed in this guide, if one of the following circumstances exists, it can be appropriately modified according to the specific situation:

(1) The implementation of the main responsibility by the platform will lead to damage to public interests and national security;

(2) Implementing the requirements of the platform's main responsibility in specific circumstances obviously exceeds the control scope and technical capabilities of the platform operator, seriously affects its normal business activities, and is of little significance for the realization of regulatory purposes;

(3) Circumstances under which laws, regulations and national policies allow for exceptions or alternatives.

The application of the above-mentioned alternative handling situations shall not violate the basic principles and basic requirements of laws and regulations.

【Supplementary Provisions】Relevant concepts involved in this guide

(1) Platform, the platform referred to in this guide is the Internet platform, which refers to the form of commercial organization that enables interdependent bilateral or multilateral entities to interact under the rules provided by specific carriers through network information technology, thereby jointly creating value.

(2) Platform operators are legal persons and unincorporated organizations that provide Internet platform services such as business premises, transaction matching, and information release to natural persons, legal persons, and other market entities. Operators of self-built websites that sell goods or provide services through information networks such as the Internet may refer to these Guidelines for platform operators.

(3) On-platform operators refer to operators who provide goods or services on the Internet platform. While operating the platform, the platform operator may also provide goods or services directly through the platform.

(4) Super-large platforms refer to those with no less than 50 million annual active users in China in the previous year, with outstanding main businesses, with a market value (or valuation) of no less than RMB 100 billion at the end of the previous year, with strong Platforms that limit the ability of operators within the platform to reach consumers (users).

(5) Persons with flexible platform employment refer to natural persons who accept job opportunities and tasks provided by Internet platform operators, pay labor and receive labor remuneration, and accept the management of Internet platform operators in the process of labor.