It is of great significance to understand in-depth the changes in the situation brought about by the E-Commerce Law, and to analyze the impact of the E-Commerce Law on the government regulation and enterprise development, in order to accelerate the promotion of enterprises to do the relevant compliance work, and to improve the implementation and execution of the law by both the government and the enterprises.
The implementation of the E-commerce Law has brought about new changes
(I) E-commerce services are more standardized
The E-commerce Law specifies that e-commerce refers to the sale of commodities or the provision of services through the Internet and other information networks, and for the first time, the Law specifies that e-commerce not only regulates the sale of commodities through the Internet and other information networks, but also regulates the provision of services through the Internet and other information networks. The law makes it clear for the first time that e-commerce not only regulates the sale of goods through the Internet and other information networks, but also regulates the provision of services through the Internet and other information networks. For these network service platforms, not only should they be subject to the industry management rules and regulations of the corresponding industry authorities, they should also be subject to the supervision of the e-commerce law, and the services will become more standardized under the dual supervision. In addition, taking into account the specificity of certain service industries, the law also specifies that financial products and services, as well as the use of information networks to provide news and information, audio and video programs, publishing, and cultural products and other content services do not fall within the jurisdiction of the e-commerce law.
(2) E-commerce operations will be more open and transparent
The e-commerce law starts with two measures to give state regulators and consumers a more comprehensive understanding of e-commerce operator information. First, the e-commerce law requires e-commerce operators to register as market entities and fulfill their tax obligations in accordance with the law, so that the regulatory authorities have a more comprehensive understanding of e-commerce operators' information, which effectively supports the formulation of national e-commerce policies. Secondly, the e-commerce law requires that e-commerce operators should continue to display business license information and administrative license information related to their business operations in a prominent position on their homepage, and require operators to update the public information in a timely manner when the information changes, which makes consumers have a more comprehensive understanding of the operator's information, and the legitimacy of the operator is further recognized.
(C) dishonest business behavior will be effectively curbed
The E-commerce Law puts forward corresponding requirements for e-commerce operators to operate in good faith from various aspects. First, the e-commerce law requires that e-commerce operators shall not make false or misleading commercial advertisements by means of fictitious transactions, fabricated user evaluations, etc., to deceive and mislead consumers, the provisions of the traditional brushing, inducing positive feedback and other more common dishonest business behavior will be strictly controlled by law. Secondly, the e-commerce law requires that e-commerce platform operators shall not delete the evaluation of consumers on the goods sold or services provided on their platforms. This provision safeguards consumers' right to evaluation at the legal level and plugs the regulatory loophole of dishonest enterprises attempting to delete users' real evaluations through the platform, and the importance of user reviews is further raised.
(D) E-commerce platforms are more standardized in data utilization
The E-commerce Law requires that e-commerce operators should comply with laws and administrative regulations on personal information protection in addition to the collection and use of personal information of their users, and also puts forward additional special requirements. First, the e-commerce law requires e-commerce operators to provide consumers with search results for goods or services based on their interests, consumption habits and other characteristics, they should at the same time provide the consumer with options that are not specific to his or her personal characteristics, which regulates the platform's use of personal data to do accurate advertising and marketing behavior, and protects the consumer's right to free choice of goods. Secondly, the e-commerce law requires that e-commerce operators shall not set unreasonable conditions for the query, correction and deletion of user information as well as the logout of users. This provision regulates the behavior of platforms in controlling personal data, safeguards the rights and interests of individuals in querying, deleting and destroying personal information, and is further aligned with the European Union's protection of personal information and data.
(E) monopolistic competition will be gradually curbed
The e-commerce law requires that e-commerce operators who have a dominant market position due to their technological superiority, the number of users, the ability to control the relevant industry, and the degree of reliance on the e-commerce operator's transactions by other operators shall not abuse their dominant market position to exclude or restrict competition. In this sense, the large platforms that have been competing for users in the last two years have been suspected of violating the e-commerce law by adopting the "choose one" requirement or subsidies. With the introduction of the e-commerce law, the effective integration of the anti-monopoly functions of the three departments of development and reform, industry and commerce, and the establishment of the State Administration for Market Supervision and Administration, the country's ability to fight monopoly in the Internet field will be greatly strengthened in the future.
The impact of the implementation of the E-commerce Law
(I) massive business registration and tax collection issues
The E-commerce Law requires that e-commerce operators should register as market players and fulfill their tax obligations in accordance with the law, and since a large number of sellers on e-commerce C2C platforms belong to individual sellers, many of them have not done business and tax registration before. These individual sales groups are characterized by large number, small scale of operation, wide scope of practice, frequent changes, strong mobility, etc. For these sales groups to adopt the traditional offline individual business or enterprise registration and tax payment methods, in the short term, the market supervision and tax departments will not be able to cope with the demand for registration of a large number of individual sellers, and in the long term, since individual sellers are very different from enterprises, and enter and exit very frequently, the use of online registration and tax payment methods will not be able to meet the demand for registration of large quantities of individual sellers. In the long run, since individual sellers are very different from enterprises, they come and go very frequently, and it is impossible to realize efficient management of individual sellers' market registration and tax collection by using the offline mode.
(2) Part of the business model, such as bidding ranking, is blocked
The E-commerce Law requires that when e-commerce platform operators display the search results of goods or services to consumers in a variety of ways based on the price of the goods or services, sales volume, credit, etc., the bidding for the ranking of the goods or services should be significantly labeled with the word "advertisement". ". Requirements for significant labeling "advertising" practice, through the bidding ranking method from behind to induce consumers will be a serious setback, bidding ranking mode user conversion rate will bring a serious test. With the in-depth implementation of the e-commerce law and the network of consumers to improve the level of knowledge, the bidding ranking model will become more standardized, through bidding ranking to induce consumers to choose, to seek commercial violence of the times will be gone.
(C) regulatory agencies regulatory model can not keep up with the new requirements of legal supervision
E-commerce law from a number of aspects of e-commerce operators behavior to do the corresponding constraints, put forward a number of binding provisions, but relative to the government's regulatory and law enforcement means, according to the requirements of e-commerce law enforcement of e-commerce operators, the network platform has a large number of users, across space and time, instant change and other characteristics, in order to achieve the goal of the e-commerce law. The online platform is characterized by a large number of users, across time and space, instant changes, etc. To achieve effective supervision, it is obviously difficult to keep up with the government's current law enforcement means and technical support capabilities. For example, for business license disclosure requirements, if the platform does not have a strict governance mechanism for business license disclosure for those who operate in, the government has not adopted digital and networked means of online supervision, do not disclose the business license or when the business license information changes, will not be able to find out in a timely manner. In addition, the requirements of e-commerce operators in the collection of personal information, precision marketing and other aspects of the legal requirements, if the regulatory authorities do not have effective means of technological support, it will also be difficult to achieve effective in-depth supervision, the realization of the violation of the law is more difficult.
Suggestions for countermeasures
(I) Urge enterprises to do compliance operation according to the e-commerce law
In order to let enterprises understand the e-commerce law in depth, and to ensure that the law can be formally implemented to run in compliance with the following aspects of the work need to be done. First, increase the e-commerce law propaganda, especially for small and medium-sized e-commerce enterprises and individual e-commerce operators, the legal department at all levels to organize a variety of forms of publicity and training sessions to increase the propaganda of the law, so as to deepen the knowledge and understanding of e-commerce law, according to the requirements of the law in a timely manner to adjust and improve the business strategy. Secondly, for large e-commerce platforms, regular e-commerce law exchanges should be held to closely track the progress of large e-commerce platforms in e-commerce law compliance and the problems they face, so as to discuss and study countermeasures in a timely manner. Third, give full play to the role of e-commerce associations and alliances at all levels in the promotion of e-commerce law, make good use of the associations and alliances platforms, and organize industry, legal and other aspects of the experts to go deep inside the enterprise to carry out the promotion of the law and guidance on compliance, to ensure that large-scale e-commerce platforms in the "E-commerce Law" after the implementation of the smooth operation of the law.
(2) Accelerating the promotion of electronic business registration and tax collection
In the face of massive business registration and tax collection, the market supervision and tax collection departments need to promote the change and innovation of the service model, which requires the following three aspects of work: First, accelerate the promotion of electronic individual business and enterprise registration, improve the system of business registration and large-scale e-commerce platforms The first is to accelerate the promotion of electronic individual business and enterprise registration, improve the docking mechanism of the business registration system and large-scale e-commerce platforms, and realize large-scale, batch and immediate business registration and cancellation of accounts on e-commerce platforms. Secondly, we will accelerate the promotion of electronic tax collection, improve the docking mechanism between the golden tax system and the system of large-scale e-commerce platforms, and realize the withholding of tax payment by e-commerce platforms for e-commerce operators stationed on massive platforms. Third, relying on the electronic business registration and tax collection system, improve the statistical system of e-commerce operation, improve the statistical index system and data collection mode, strengthen the data cross-comparison, correlation mining and trend prediction, and improve the in-depth analysis and prediction ability in the fields of economic operation, social development, people's livelihood services, social management and so on.
(3) Encourage enterprises to carry out business innovation and competition under the conditions of compliance
The current E-Commerce Law is both a regulatory law and a promotional law, and it is crucial to encourage enterprises to promote business innovation under the conditions of compliance and legality, for which the following work needs to be done: firstly, e-commerce operators are urged to carry out business model innovation in the collection and use of their users' personal information The first is to urge e-commerce operators to strictly comply with relevant laws and administrative regulations on the protection of personal information, including e-commerce, and to refrain from using personal information to engage in behaviors that are contrary to business ethics or even laws and regulations, such as big data killing, non-reasonable recommendations, and over-mining of personal information. Second, large e-commerce enterprises are encouraged to strictly comply with the Anti-Monopoly Law, conduct fair and orderly market competition, not to abuse their dominant market position to exclude or restrict competition, and to support the innovative development of the industry. Third, it encourages e-commerce platform enterprises to promote business innovation while simultaneously improving the platform operation rules and platform governance mechanisms to build a benign and sustainable healthy development platform ecosystem.
(4) Promote regulatory governance means and mode of innovation of regulatory agencies
The implementation of the E-commerce Law not only brings new challenges to the innovation of business models of enterprises, but also brings new challenges to the government's governance, in order to improve the market regulatory authorities on e-commerce market supervision and governance capacity, and better implementation of the E-commerce Law law enforcement, the need to do a good job in the following areas. Adapt to the needs of network market supervision, accelerate the rationalization of network market supervision system and mechanism, clarify the division of functions and cooperation mode of departments, and clarify the mode of cross-departmental, cross-region and cross-level synergistic linkage governance. Second, accelerating the construction of a national unified e-commerce supervision and governance platform, strengthening system docking with important e-commerce platforms, promoting digital, networked and platform-based supervision, and improving the ability to supervise in the middle of the event and after the event, as well as the ability to supervise in a coordinated and linked manner across departments, regions and levels. Third, strengthen the application of Internet of Things, big data, artificial intelligence, blockchain and other technologies in the regulatory governance platform, promote automatic data collection, data correlation ratio, intelligent supervision, and improve the ability of automatic perception, in-depth governance, intelligent supervision and information traceability.