1) Attach importance to rule-making and contract-making, publicize in a prominent position, and clarify the sharing of responsibilities
When formulating rules, the platform should clearly define the legal provisions and rights and obligations that sellers should abide by, and continuously publicize the transaction rules and service agreements in a prominent position, prohibit sellers’ illegal behaviors from the source, and avoid assuming compensation liability for sellers’ illegal behaviors.
The new policy on cross-border e-commerce retail imports once again emphasizes that cross-border e-commerce platforms should “establish management systems such as transaction rules, transaction security guarantees, consumer rights protection, and bad information processing within the platform” and “sign agreements with cross-border e-commerce companies stationed on the platform of the applicant to clarify the responsibilities, rights and obligations of both parties in terms of the main responsibility for product quality and safety, consumer rights protection, etc.”
2) Establish and improve self-supervision mechanisms, disclose information in compliance with regulations, and protect consumers’ right to know and right to choose
In response to the problem of e-commerce “brushing orders”, “speculating on reputation”, false propaganda, deceiving and misleading consumers, and seriously infringing on consumers’ right to know and right to choose, Article 17 of the “E-Commerce Law” made a clear response, prohibiting “false or misleading commercial propaganda by fictitious transactions, fabricating user reviews, etc.” E-commerce platforms should strengthen the evaluation and supervision of operators on the platform, which can be carried out in the form of regular spot checks.
After the release of the “E-commerce Law”, the platform should focus on strengthening supervision in the following aspects during operation: First, strengthen the regular verification of the real identity, address, administrative license and other matters of the platform operator, and update the registration files simultaneously to avoid “no such person”, otherwise they may bear legal responsibility; second, platform e-commerce should carry out category differentiation, and focus on monitoring goods and services that may be related to the life and health of consumers, such as accessories related to driving safety; third, timely protection and rapid stop loss, fulfill the necessary measures such as timely removal and deletion, timely warning through website announcements or improving the safety optimization design of App products and other good security obligations to avoid adverse consequences.