New regulations will be implemented for online transaction platforms regarding commission fees and membership fees. The "Guidelines for Compliance of Online Transaction Platform Fee Collection Behaviors" are now open for public feedback.
In order to regulate the collection of commissions, deductions, membership fees, technical service fees, information service fees, marketing promotion fees, etc. from operators within online trading platforms, safeguard the legitimate rights and interests of operators within the platform, and promote the healthy and orderly development of the platform economy, the State Administration for Market Regulation recently drafted the "Guidelines for Compliance of Charging Behavior on Online Trading Platforms" and solicited opinions from the public.
The Guidelines consist of 28 articles, covering mainly five aspects:
Firstly, clarifying the principles that platform charges should follow. Platform charges should adhere to the principles of fairness, legality, and honesty and credit, based on factors such as service agreements, trading rules, trading customs, etc., taking into consideration operating costs and the operating conditions of operators within the platform.
Secondly, advocating for reducing the burden on operators within the platform. Encouraging platforms to adopt flexible and diverse pricing strategies within the scope of legality, reasonableness, and mutual benefit, providing discounts or exemptions to operators within the platform, especially small and medium-sized merchants, actively assuming social responsibility, and alleviating the burden on operators within the platform.
Thirdly, strengthening the platform's compliance and self-discipline. Platforms are required to implement the responsibility of compliance management in accordance with relevant regulations, establish sound compliance management organizations, appoint compliance management personnel, establish mechanisms for identifying and preventing unreasonable charging risks, enhance the platform's compliance management capabilities.
Fourthly, regulating platform charging behavior. Clearly defining that platforms should reasonably establish charging standards, improve charging rules, publicize charging information, strictly abide by promises to reduce or exempt fees, prudently evaluate the necessity of collecting deposits, conduct promotional services based on the principle of equality and voluntariness, ensuring the operators within the platform's right to be informed and choose. Additionally, the Guidelines also specify eight types of unreasonable charging behaviors, such as repeated charges, charging without providing services, and transferring costs that should be borne by the platform itself.
Lastly, enhancing supervision and implementation. Platforms are required to promptly address concerns from operators within the platform regarding charges, actively cooperate with supervision and inspection, strengthen industry self-discipline, and participate fairly in market competition.
Next, the State Administration for Market Regulation will improve the content of the Guidelines based on feedback from the public consultation, and promptly implement them to further enhance the normalization of regulatory system for platform economy, continuously regulate platform charging behavior, and promote the orderly and healthy development of platform economy.
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