China’s new platform guidelines

Just-published draft guidelines for consultation from China’s State Administration for Market Regulation (SAMR), translated by Microsoft.

Guide to classification and grading of Internet platforms

(Draft for comments)

First, the purpose of the guide

In order to better promote the healthy development of China’s platform economic norms, protect fair competition in the market, promote scientific and technological innovation, safeguard the rights and interests of consumers, more scientific and standardized management of Internet platforms, and enhance the relevance and effectiveness of supervision,  A classification and grading guide for Internet platforms is developed. 

Second, the platform classification guide

2.1 Classification by

Classifying a platform takes into account the platform’s connectivity properties and key features. The connection attribute of Pingtai refers to connecting people and goods, services, information, entertainment, capital and computing power through network technology, which makes the platform have various functions such as trading, socialization, entertainment, information, financing, computing, etc. 

2.2  Classification scheme

Combined with the current situation of platform development in China, according to the platform’s connectivity objects and main functions, the platform is divided into the following six categories (see Table 1).

Table 1  Platform Classification

Platform categoryConnection propertiesThe main function
Network sales platformConnect people with goodsTrading function
Life services platformConnect people and servicesService features
Social entertainment platformConnect people with peopleSocial entertainment features
Information information platformConnect people and informationInformation function
Financial services platformConnect people with moneyFinancing function
Compute Applications class platformConnect people with computing powerNetwork computing features

2.3  Network sales platform

Network sales platform, connecting people and goods, its main functions include providing sales services, facilitate transactions between the two sides, improve the efficiency of matching. Includes, but  is not limited to, the following sub-platforms:

(1)Integrated commodity trading category: specialized or mainly engaged in providing clothing, shoes and boots, luggage accessories, digital appliances, food cleaning and other types of goods integrated platform. 

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

(3)Shangchao group purchase category: specialized or mainly engaged in the supply of vegetables and fruits, meat and eggs aquatic products, grain and oil flavoring, alcoholic beverages, daily necessities and other daily necessities, and provide group purchase and other distribution services platform. 

2.4  Life Services Platform

Life service platform, connected with people and services, its main functions include providing travel, distribution, domestic work, rental housing, children’s education and other services. Includes, but is not limited to, the following sub-platforms:

  • Travel services: specialized or main to engage in providing  travel-related services platform, such as shared cycling, taxi software, bus subway query software. 

(2) Tourism services: specialized or mainly engaged in attracting, receiving tourists, providing them with transportation, sightseeing, accommodation, catering, shopping, entertainment and other services platform, such as tourism customization, ticket purchase, hotel reservations. 

(3) Distribution services category: specialized or mainly engaged in takeaway, logistics and other services platform, such as takeaway delivery, same-city distribution, express distribution.  

(4) Domestic service category: specializing in or mainly engaged in nanny, nursing, cleaning, home management and other domestic service platform. 

(5) Housing brokerage category: specialized or mainly engaged in real estate sales,leasing platforms, including housing sales, housing rental. 

2.5  Social entertainment platform

Social entertainment flat, connected with people, its main functions include social interaction, game leisure, audio-visual services, literary reading and so on. Includes, but is not limited to, the following sub-platforms:

(1) Instant messaging: a platform specializing in or mainly engaged in instant messaging, archival, voice and video communication. 

( 2) Games leisure category: specialized or mainly engaged in game operation and promotion of the platform, including web games, personal computer (PC)sidegames, mobile games. 

(3) Audiovisual services: specialized or mainly engaged in the supply of various types of multimedia materials platform, including songs, movies and so on. 

(4) Live video category: a platform specializing in or mainly engaged in the use of the Internet and streaming technology for live broadcasting. 

(5) Short video category: specializing in or mainly engaged in a few seconds to minutes of short video content push platform, including skills sharing, humor, fashion trends, social hot spots, street interviews, public service education, advertising creativity, business customization and other topics. 

(6) Literature: a platformspecializing in or mainly engaged in network literature,digital publications and other major e-reading products, including literature, social sciences, education, fashion and other content. 

2.6  Information and Information Platform

Information information platform, connecting people and information, its main functions include providing news information, search services, audio and video information content. Includes, but is not limited to, the following sub-platforms:

  • News portal category: a platform that specializes in or is mainly engaged in providing information resources such as news information, entertainment information and other Internet information and providing information services.

(2) Search engine category: specialized or mainly engaged in the Internet collection ofinformation after the organization and management, to provide users with search services,and the relevant information retrieved to the user’s platform. 

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

(4) Audiovisual information category: specialized or mainly engaged in radio stations, audio sharing and other platforms. 

(5) News organizations: specialized or mainly engaged in news gathering, production, distribution, operation and other platforms. 

2.7  Financial services platforms

Financial services platform, connecting people and funds,  its main functions include providing payment and settlement functions, providing online loan services, financial management services, financial information and securities investment services. Includes, but is not limited to, the following sub-platforms:

  • Integrated financial services: specialized or mainly from the matter for small enterprises and individual consumers to provide inclusive financial services and other integrated platform. 

(2) Payment settlement category: specialized or mainly engaged in Internet payment, mobile phone payment and other payment service platform. 

(3) Consumer Finance: A modern financial services platformthat specializes in or is primarily engaged in providing consumer loans to consumers. 

(4) Financial information category: specialized or mainly engaged in providing users with market quotations, financial data, financial information, analytical tools, portfolio management and other business integrated financial information platform.

(5) Securities Investment Category: A financial services platform that specializes in or is primarily engaged in providing financial institutionswith overall Internet Technology(IT)solutions and services, wealth management tools for individual investors, etc. 

2.8  Computing Applications class platform

Computing applications such as platform, connected to people and computingcapabilities, its main functions include applications on mobile phones, operating systems, information management and cloud computing, the provision of network services. Includes, but is not limited to, the following sub-platforms:

(1) Intelligent terminal category: specialized or mainly engaged in data communication equipment, information systems, intelligent systems, wireless data products and other end products development, production, sales, technical services and other platforms. 

(2) Operating system category: specialized or mainly engaged in mobile operating systems, distributed operating systems and other operating systems research and development, production, sales and other platforms. 

(3) Mobile Software (APP)App Store Category: A platformspecializing in or primarily engaged in analyzing, designing, coding, and generating APP software. 

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

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

(6) Network Services Class: Specializing in or primarily engaged in Domain Name Services (DNS),Dynamic Host Configuration Protocols (DHCP),Windows Internet Naming Services (WINS).  ), the file transfer protocol (FTP),the remote terminal protocol(Telnet),and soon. 

(7) Industrial Internet: specialized or mainly engaged in platform design, intelligent manufacturing, network collaboration, personality customization, service extension, digital management and other platforms. 

Third, platform grading guide

3.1  Rating based on

Rating the platform requires a combination of user size, type of business, and ability to limit. User size is the number of active users of the platform in China, the type of business is the platform business involved in the platform classification, limiting the ability of the platform to limit or hinder the ability of merchants to contact consumers.

3.2  Rating scheme

Based on the above ratings, Internet platforms can be divided into three levels (see Table 2):

Table 2 Platform Ratings

Platform ratingRating basisSpecific criteria
Super platformVery large user sizeIn China, there were no less than 500 million active users in the previous year
A wide range of business categoriesThe core business involves at least two types of platform business
Ultra-high economic volumeThe market value (valuation) at the end of last year was not less than 100 billion people’s dollars
Super-restrictive abilityStrong ability to restrict merchants’ ability to reach consumers (users).
Large platformLarger user sizeIn China, there were no less than 50 million active users in the previous year
Main businessWith outstanding performance of the platform main business
Higher economiesThe market value (valuation) at the end of last year was not less than RMB100 billion
Strong ability to limitStrong ability to restrict merchants’ ability to reach consumers (users).
Small and medium-sized platformA certain user sizeHas a certain number of active users in China
Certain types of businessHave a certain business
A certain amount of economyHas a certain market value (valuation)
Certain limits on abilityHas a certain ability to limit the merchant’s access to consumers (users).

3.3  Super Platform

Super Platform means a platform with a large user size, a wide range of business types, an ultra-high economy, and a strong ability to limit. Among them, the size of the super-large users, that is, the platform in China last year’s annual active users not less than500 million,  ultra-wide business categories, that is, the platform core business involves at least two types of platform business, the business involves network sales, life services, social entertainment, information, financial services, computing applications  six areas, such as the volume of ultra-high economies, i.e. the end-of-year market value (valuation) of theplatform is not less than 1000 billion yuan, the super-limiting capability, that is, the platform has the ability to restrict merchants’ access to consumers  (users).  

3.4  Large platforms

Large platform refers to a platform with large user size, broader business category, more business scope, higher economy and strong restriction capability. Among them, the larger user size, that is, the platform in China last year’s annual active users in China is not less than  50 million;   That is, the platform has a strong ability to restrict merchants’ accessto consumers (users).  

3.5  Small and medium platforms

Small and medium-sized platform refers to a platform with a certain user size, limited business types, limited economies, limited limited capacity. 

Internet platform implementation of the main responsibility guide

(Draft for comments)

In order to regulate the business activities of the Internet platform, adhere to the development and standardization, promote the healthy and sustainable development of the platform economic norms, implement the responsibility of the main body of the platform, protect the legitimate rights and interests of all parties, in accordance with relevant laws, regulations and other normative documents, the formulation of this guide. 

Internet platform operators must safeguard the national interest and social public interests, protect the people’s life, health and property safety, abide by the principles of voluntary, equality, fairness and good faith, abide by laws, regulations, regulations and business ethics, public order and customs, adhere to strengthening open innovation, fair participation in market competition, conscientiously fulfill legal obligations, actively assume the main responsibility, accept supervision from all sectors of society. 

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

( 1) In conducting fair competition with the operators within the Platform, do not use the nonpublic data generated or provided by the operators and their users in the Platform when using the Platform Services without validreasons. 

(ii) When an operator or user within the Platform accesses, registers, logs in, or obtains the platform services required by them, the use of the services provided by other associated platforms shall not be a prerequisite. 

Article 2 “Equal governance” The operators of super-large platforms shall abide by the principles of fairness and non-discrimination.  When providing related products or services,treat the platform itself (or affiliated enterprises) and the operators within the platform equally, and do not implement self-preferential treatment. 

Article 3 “Open Ecology” Super-large platform operators shall promote the interoperability of the services provided by them with those provided by other platform operators, provided that they comply with safety and the protection of the rights and interests of the relevant subjects.  If there is no legitimate reason for the operator of the super-large platform, it shall  facilitate the access of qualified other operators and users to the services provided by them. 

Article 4 The operators of super-large platforms shall establish and improve the mechanism of data security review and internal control, and the data development behavior involving the processing of users’ personal information and the cross-border flow of data, which involves the public interests of the state and society, must be carried out in strict accordance with the law to ensure data security. 

The operator of the super-large platform shall determine the person responsible for data security and clarify the list and contact information of the relevant personnel. 

Article 5 “Internal Governance” Super-large platform operators should set up platform compliance departments, constantly improve the platform internal compliance system and compliance mechanism, and actively respond to regulatory requirements. A mechanism for preventing corruption within the platform should be established to effectively prevent illegal acts such as commercial bribery of people within the platform. Regular education and training mechanism within the platform should be established to raise the overall awareness of the platform’s compliance with the law. 

Article 6 Risk Assessment The operator of a very large platform shall conduct a risk assessment at least once a year to identify, analyze and assess the risks that may arise from the Internet platform services provided by them, including the following:

(1) Spreading illegal content;

(2) infringing on the legitimate rights and interests of consumers;

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

In conducting risk assessment, the super-large platform operators should focus on the content audit system, advertising targeting recommendation system, content recommendation and distribution system, platform security and stability operation system, as well as the above risks may affect the factors.

Article 7 The operators of super-large platforms shall take the following risk prevention and control measures in view of the specific platform operating risks stipulated in Article 6

(1) establish an internal mechanism for content review or advertising recommendation review; 

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

(3) Other emergency safeguard measures to prevent the risk of the platform.

Article 8 “Safety Audit” The operator of a very large platform shall regularly entrust a third-party independent institution to conduct an audit of the compliance with the main responsibilities stipulated in this Guide, and a written audit report shall be issued by a third-party independent institution. The report should include the following:

(1) The name, address and contact details of the super-large platform under audit;

(2) the name and address of the organization that conducts the audit activities;

(3) The main conclusions of the audit;

(4) Operational recommendations for achieving compliance.

Article 9 “Promoting Innovation” Super-large Internet platform operators should make full use of the advantages of data, capital, talent, users and technology resources, increase investment in innovation, upgrade the level of technology, organize core technology, accelerate technology iteration, support small and medium-sized science and technologyenterprises innovation, and constantly stimulate the vitality of innovation and development in the field of platform economy. 

Article 10 The operators of the Internet platform shall verify and register the relevant subject information of the operators applying to enter the platform, establish registration files, and periodically verify and update them. Internet platform operators shall record and keep information on goods and services published on the platform and related transactions in accordance with the law, and ensure the integrity, confidentiality and availability of information. Internet platform operators shall urge operators within the platform to make public the relevant subject identity information and licensing qualification documents in accordance with the law. 

Article 11 Internet platform operators shall, in accordance with relevant laws and regulations, implement the real-name system for internet users, establish an effective management system for the behavior of users within the platform, and ensure that users act lawfully, in compliance with the law and in accordance with social morality. Internet platform operators shall take necessary measures, including terminating services or restricting the provision of services, to avoid the recurrence of related acts for users of the platform who have committed illegal and illegal acts. Internet platform operators shall promptly report the illegal and illegal acts of relevant users to the competent departments and assist the relevant departments in investigation and accountability. 

Article 12 “Platform Content Management” Internet platform operators shall, in accordance with the characteristics of the platform itself, establish an effective content management system to avoid the dissemination of illegal and illegal information on the platform. Internet platform operators who find information that violates laws and regulations, violates public order, and adversely affects the network ecology shall, depending on the circumstances, take measures such as warning, restriction of publication, cessation of transmission, elimination of information, suspension of updates until the closure of accounts, and keep relevant records and report them to the regulatory authorities. The platform should set up a quick and easy link for users to report and complain about content suspected of violating the law on the platform, and respond and take the necessary measures. 

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

Article 13 “Prohibition of sales control” For laws, regulations and related normative documents expressly prohibit, restrict the sale and provision of goods and  services, Internet platform operators shall dynamically establish audit thesambles and control mechanisms, establish platform audit mechanisms and daily inspection mechanisms, and promptly report violations of laws and regulations to the relevant departments.

Article 14 (Service Agreements and Transaction Rules) Internet platform operators shall improve the transparency of the rules and implement the information disclosure and reporting system related to service agreements and transaction rules. Follow the procedures for making and revising relevant publicity, soliciting opinions, hearings and consultations to ensure that the relevant rules are open, fair and impartial. 

Article 15 Internet platform operators shall establish and improve the credit evaluation system for operators within the platform, publicize the credit evaluation rules, provide an effective and simple way for consumers to submit user evaluation and other users to view user evaluation, protect the right of consumer credit evaluation, and create a good credit evaluation environment. Internet platform operators shall not illegally delete or tamper with the relevant user evaluation content, and must intervene in the normal presentation of user evaluation. Internet platform operators are encouraged to effectively present relevant information on national credit supervision on the platform, provide technical support and necessary cooperation, and promote the construction of Internet integrity. 

Article 16 Internet platform operators shall abide by laws, regulations and regulations in the field of anti-monopoly and shall not engage in monopoly agreements,  abuse of dominant market position and other monopoly acts.  Internet platform operators shall fulfill their reporting obligations in accordance with relevant laws and regulations before  implementing the concentration of operators, and shall not implement concentration until they have obtained the approval of the relevant departments.   

Article 17 Internet platform operators may not use technical means to engage in unfair competition that impedes or disrupts the normal operation of network products or services legally provided by other operators by influencing user choice or other means. Internet platform operators may not engage in confusing behavior that is mistaken for another person’s goods, services, or specific connections with others. Internet platform operators may not fabricate or disseminate false or misleading information to the detriment of competitors’ business reputation and commodity reputation. Internet platform operators shall not make false propaganda through false transactions, organize false transactions, etc., and shall not help operators in the platform to carry out false transactions or facilitate false trading behavior. 

Article 18 “Data Acquisition” Without the consent of the user, internet platform operators may not combine personal data obtained through the Platform’s services with personal data from other services or third-party services. 

Internet platform operators may not induce, force users to log on and use other services they provide for the purpose of combining personal data. 

Article 19 When using the big data in their possession for product recommendation, order distribution, content push, price formation, performance appraisal, reward and punishment arrangements, Internet platform operators need to abide by the principles of fairness, fairness and transparency, abide by laws and regulations, respect social morality and basic scientific ethics, and shall not infringe upon the fundamental rights of citizens and the legitimate rights and interests of enterprises. For the application of algorithms related to the public interest, the relevant provisions of the state on algorithm supervision shall be observed and accepted for social supervision. 

Article 20  “Price Code of Conduct” Internet platform operators shall abide by price-related laws and regulations in the course of their business operations, shall not use platform rules and data, algorithms and other technical means to carry out price discrimination, price hikes, low-cost dumping and other improper price behavior, and may not use false or misleading price means to induce consumers to trade. Internet platform operators shall, when organizing activities such as centralized promotion by operators within the platform, carry out special compliance risk tips for possible violations of laws and regulations in the price field and take effective management measures.  

Article 21 (Code of Advertising Conduct) Internet platform operators shall abide by the provisions of the Advertising Law and relevant laws and regulations in the operation of the platform, and increase the advance warning and ex post treatment of illegal and illegal advertisements by operators within the platform. Internet platform operators shall cooperate with the relevant departments in the investigation and disposal of illegal advertisements within the platform, provide the necessary data, and assist in law enforcement. 

Article 22 Internet platform operators shall establish targeted rules for the protection of intellectual property rights and corresponding governance rules, fulfill their responsibilities for intellectual property protection, strengthen cooperation with intellectual property rights holders, strictly fulfill their obligations to protect intellectual property rights, and, in the event of fault, bear corresponding legal responsibilities. 

Article 23 Internet platform operators shall not engage in MLM activities in violation of the law, shall not publish MLM information, and shall not facilitate MLM activities or Internet information services. Internet platform operators shall cooperate with law enforcement departments in investigating and prosecuting MLM activities. 

Article 24 Internet platform operators shall strengthen the rectification of illegal and criminal acts within the platform, purify the order of cyberspace, and build a healthy and orderly network business environment. Internet platform operators and regulatory authorities should actively communicate, establish and improve information sharing, consultation and notification, special rectification, case assistance and other working mechanisms, and coordinate the management of the network black ash production. 

Article 25 Internet platform operators shall fulfill their obligations of network security protection in accordance with the requirements of the network security level protection system to protect the network from interference, sabotage or unauthorized access. Internet platform operators shall formulate emergency plans for cyber security incidents, and in the event of cyber security incidents, they shall immediately initiate emergency plans, take appropriate remedial measures and report them to the relevant competent departments. 

Article 26 Internet platform operators shall, in accordance with relevant provisions, implement the relevant requirements of the data classification classification and classification protection system, establish and improve the whole process data security management system, organize and carry out data security education and training, and take appropriate technical measures and other necessary measures to ensure data security. On the basis of the network security level protection system, the obligation of data security protection is fulfilled.  Internet platform operators that process important data should identify the person in charge of data security and the regulatory body. 

Article 27 “Privacy and Personal Information Protection of Natural Persons” Internet platform operators shall, in their operations, earnestly abide by national laws and regulations and regulations relating to the privacy of natural persons and  the protection of personal information, and fulfill the responsibility of privacy and personal information protection of natural persons. 

If the personal information of the users processed by the operators of the Internet platform occurs or may be disclosed, tampered with or lost, remedial measures shall be taken in a timely manner to inform natural persons in accordance with the provisions; if serious consequences are caused or may be caused, they shall immediately report to the regulatory authorities, cooperate with the regulatory authorities in their investigation and processing, and assume corresponding responsibilities.

Article 28 “Consumer Protection” Internet platform operators shall protect the legal rights of consumers and shall not deceive or mislead consumers. Internet platform operators should 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 goods and services issued by operators within the platform, and urge operators within the platform to provide products and services that meet the requirements for the protection of personal and property safety. Internet platform operators shall undertake corresponding security obligations to protect the safety of consumers’ personal and property. 

Article 29 “Protection of Operators in Platforms” Internet platform operators may not use service agreements, trading rules and technology to impose unreasonable restrictions or unreasonable conditions on the activities of operators within the platform, or to charge unreasonable fees to operators within the platform. Internet platform operators shall not make use of all the advantages of their own operating platform to engage in unfair competition with operators within the platform. 

If an Internet platform operator, in accordance with laws and regulations, platform service agreements and trading rules, determines the implementation of such measures as warning, suspension or termination of services in violation of laws and regulations, platform service agreements and trading rules, and shall promptly make public the measures, and shall guarantee the right of the operator within the platform to lodge a complaint and obtain relief for the relevant measures.

Article 30 The operators of Internet platforms shall abide by the relevant provisions of laws and regulations on the protection of workers. For flexible employment of platform personnel, platform operators should bear corresponding responsibilities to protect the physical and mental health of practitioners, the safety of the working environment and the right to obtain fair and reasonable remuneration and personal injury protection. Internet platform operators may not restrict the flexible employment of platform workers in other Internet platforms. 

Article 31 Internet platform operators shall take the necessary measures in the operation of the platform to fully implement the legal and regulatory requirements related to the protection of minors, provide network services appropriate to the physical and mental health and personality development of minors, and safeguard the legitimate rights and interests of minors in cyberspace. 

Internet platform operators should take the necessary measures to provide targetedaging network applications to ensure that the elderly and other people with obstacles have easy access to the services provided by the platform. Internet platform operators should pay attention to the special needs of special groups for Internet services in their operations and take necessary measures to provide the technical support they need to carry out normal activities on the platform. 

Article 32 Internet platform operators shall make great efforts to economize, oppose waste and take necessary measures to encourage the efficient use of resources in their operations. Internet platform operators shall fulfill their environmental protection responsibilities as stipulated in laws and regulations, promote the implementation of the concept of green e-commerce, promote the reduction and recycling of commercial goods in the platform, promote the use of biodegradable materials, and reduce the generation of solid waste in operation. 

Article 33 The operators of the Internet platform shall abide by the provisions of tax laws and administrative regulations, fulfill their tax obligations and withholding obligations in accordance with the law, submit the identity information of the operators in the platform and tax-related information in accordance with the regulations, and prompt the relevant subjects to handle tax registration. 

Article 34 Internet platform operators shall actively cooperate with the regulatory enforcement departments in carrying out their duties, provide the data and information required by law enforcement departments to perform their functions and conduct investigations, and cooperate with law enforcement departments in monitoring them in accordance with the procedures required by laws and regulations. Internet platform operators and other operators shall, in accordance with the law, keep data on all aspects of the business process. 

Article 35 (Application of this Guide) The operators of super-large platforms as defined in this guide shall take relevant measures in accordance with the relevant regulations, fulfill the obligations set out in this Guide, and implement the main responsibilities of the platform. Other platform operators other than super-large platform operators shall take relevant measures in accordance with the relevant regulations, fulfill the obligations set out in Articles 10 to 34 of this Guide, and implement the main responsibilities of the platform. 

When the Internet platform implements the principal responsibilities listed in this guide, if one of the following situations exists, it may be adapted according to the physical circumstances:

  • The implementation of the main responsibility of the platform will lead to public interests, national security is harmed;
  • In the specific situation, the implementation of the platform subjectresponsibility requirements, obviously beyond the control of the platform operators and technical capabilities, seriously affecting their normal business activities, and for the realization of regulatory purposes of little significance;
  • Except for or in the case of alternatives to or for the handling of other permitted cases as prescribed by laws and regulations and national policies.

Where the above-mentioned workaround situation is applied, it shall not violate the basic principles of laws and regulations and the requirements of the bottom line.

By-laws: The relevant concepts covered in this guide

(1) Platforms, as described in this Guide, are Internet platforms, which refer to the form of business organization that creates value through network information technology, in which interdependent bilateral or multilateral entities interact under the rules provided by a particular carrier. 

(2) Platform operators are legal persons and illegal organizations that point to natural persons, legal persons and other market entities that provide services on Internet platforms such as business premises, transaction matching and information distribution. Operators of self-built websites engaged in the sale of goods or the provision of services through information networks such as the Internet may apply this guide by reference to platform operators. 

( 3) The operator within the platform refers to the operator who provides goods or services within the Internet platform . Platform operators may also provide goods or services directly through the platform while operating the platform. 

(4) Super-large platform means that the active users in China in the previous year were not less than 50 million, with outstanding performance of the main business, the market value (or valuation) at the end of the previous year is not less than 10 billion yuan,   Platform with strong restrictions on the ability of operators within the platform to contact consumers (users).  

(5) Flexible employment of the platform refers to the acceptance of the Internet platform operators to provide job opportunities and tasks, pay labor and get remuneration for labor, in the process of labor to accept the Internet platform operators to manage the natural person.