Research conclusion
The weakness of the digital economy supervision system continues. Recently, a number of documents have been intensively issued, and the relevant actions are also worthy of attention. The main points in the past two weeks are as follows:
The provisions on Several Issues concerning the application of law in the trial of online consumption dispute cases (I) (Draft for comments) was released, which involves return of goods, false original price preferential price, webcast delivery of goods, takeout catering, etc., which fully reflects the characteristics of the new economy, Including: (1) if an e-commerce operator claims that the unreasonable return system stipulated in Article 25 of the consumer protection law is not applicable on the grounds that the goods have been unpacked, the people's court will not support it, which continues the Interim Measures for seven day unreasonable return of goods purchased online, which has been implemented since March 15, 2017, and further standardizes the business behavior of merchants from the judicial link; (2) In terms of false original price and preferential price, the draft said that in the process of providing goods or services, operators in the platform cheat consumers by means of fictitious original price and false preferential discount. If consumers claim that operators in the platform should bear compensation liability in accordance with paragraph 1 of Article 55 of the consumer rights and interests protection law, the people's court should support it; (3) In terms of live broadcasting with goods, the draft stipulates that if the operator of the online live broadcasting marketing platform carries out its own business to sell goods through online live broadcasting, and the consumer claims that it shall bear the responsibility of the commodity seller, the people's court shall support it; If the operator of the webcast marketing platform fails to fulfill the obligation to review the food business qualification of the webcast room selling food according to law, causing damage to consumers, and consumers claim that the operator of the webcast marketing platform and the operator of the webcast room shall bear joint and several liability, the people's court shall support it; (4) In terms of takeout catering, the draft mentioned that online catering service platform providers violated the food safety law, failed to register their real names and review their licenses, or failed to fulfill their obligations to report and stop providing online trading platform services, causing damage to consumers, If a consumer claims that the online catering service platform provider and the online catering service provider bear joint and several liability, the people's court shall support it.
The state Internet Information Office, the Ministry of industry and information technology, the Ministry of public security and the State Administration of market supervision jointly issued the regulations on the administration of Internet information service algorithm recommendation, which requires to optimize the algorithm recommendation service mechanism, actively spread positive energy and promote the upward and good application of algorithms: (1) the regulations make it clear again that it shall not be based on consumers\' preferences Trading habits and other characteristics, using algorithms to implement unreasonable differential treatment and other illegal acts on price and other trading conditions; (2) Special reference was made to the rights and interests of "flexible employment" personnel. If an algorithm recommendation service provider provides work scheduling services to workers, it shall protect workers\' legitimate rights and interests such as labor remuneration, rest and vacation, establish and improve platform order distribution, remuneration composition and payment, working hours, rewards and punishments and other relevant algorithms; (3) The document clearly states that the provision of algorithm recommendation services should respect social ethics and ethics, abide by business ethics and professional ethics, such as recording illegal and bad information keywords into users\' points of interest or as user labels and pushing information, and shall not set algorithm models that induce users to indulge and consume excessively, which violate laws, regulations or ethics; (4) Strengthen the supervision of network public opinion. There are several provisions in the regulations to recommend service providers for algorithms with public opinion attribute or social mobilization ability.
The National Copyright Administration interviewed major record companies, song and lyrics copyright companies and digital music platforms in Beijing. The interview stressed that all record companies, song and lyrics copyright companies and digital music platforms should be settled through the minimum deposit plus actual usage sharing mode, and shall not sign exclusive copyright agreements except under special circumstances. Prior to this, in January 2021, the State Administration of market supervision filed an investigation into Tencent's acquisition of the equity of China Music Group on suspicion of illegal concentration of business operators. On July 24, the punishment letter was officially released, requiring Tencent to cancel the exclusive agreement reached with the upstream copyright parties. After that, on August 31, Tencent issued a statement to waive the right of exclusive authorization of music copyright in the music copyright exclusive agreement with relevant upstream copyright parties. This series of measures are regarded as an important turning point in the business model of the digital music industry, which is conducive to the prosperity and healthy development of the digital music market.
Risk tips
Internet companies have new regulatory risk events in cross-border data transmission, personal information protection, antitrust and other fields.
