1. What is the definition of the full text of e-commerce law?
E-commerce law refers to the general name of legal norms that regulate the establishment, change and elimination of property relations and personal relations between equal subjects through electronic behavior; It is the general name of all kinds of commercial transaction relations that are regulated by the government, and that enterprises and individuals use data messages as trading means through information networks, as well as the legal norms of social relations and government management relations closely related to this commercial transaction relationship.
Second, protect rights and interests.
1, tying must have obvious hints.
In view of this annoying tying behavior, the third draft of the E-commerce Law has added provisions: e-commerce operators should draw consumers' attention in a prominent way when tying goods or services, and should not take tying goods or services as the default consent option.
2. Ensure that the deposit is returned smoothly.
In view of the difficulty in refunding the deposit, the following provisions have been added to the third draft: if an e-commerce operator collects the deposit from consumers according to the agreement, it shall clearly state the methods and procedures for refunding the deposit, and shall not set unreasonable conditions for refunding the deposit. If the consumer applies for refund of the deposit and meets the conditions for refund of the deposit, the e-commerce operator shall refund it in time.
3. Say No to "Killing Big Data"
The third draft of the draft clearly stipulates that e-commerce operators should sell goods or services to consumers according to their hobbies, consumption habits and other characteristics, and at the same time provide consumers with options that are not aimed at their personal characteristics, and respect and equally protect the legitimate rights and interests of consumers.
4. Personal information protection needs to be strengthened.
The draft pointed out that e-commerce operators should abide by the personal information protection rules stipulated by relevant laws and administrative regulations when collecting and using users' personal information. In this regard, during the group deliberation, many members suggested that the relevant provisions on the protection of personal information should be further improved.
Third, the legislative background.
In 20 12, China's e-commerce transaction volume reached trillion yuan, and online retail sales increased by more than trillion yuan year-on-year. The direct employees of e-commerce service enterprises accounted for more than 2 million of the total retail sales of social consumer goods, indirectly driving employment by more than150,000. According to the analysis and prediction of relevant departments and experts, by the end of the Twelfth Five-Year Plan, the total number of Internet users in China will reach 700 million, and the transaction volume of e-commerce and online retail will increase to 18 trillion and 3 trillion yuan respectively. China will become the largest e-commerce market in the world, and the e-commerce industry will become the industry with the most development potential and international competitiveness. Compared with the rapid development of e-commerce, China has not yet made special legislation on e-commerce. In practice, standardizing and guiding the development of e-commerce mainly depends on departmental regulations. The existing e-commerce laws and regulations need to be sorted out, supplemented, revised and improved. It is urgent to strengthen legislation to promote the sustained and healthy development of e-commerce.
General Office of the State Council issued several opinions on accelerating the development of e-commerce. The National Development and Reform Commission and the State Council Information Office issued the 11th Five-Year Plan for the development of e-commerce. The Ministry of Industry and Information Technology issued the 12th Five-Year Development Plan for e-commerce. The Ministry of Commerce has successively issued guiding opinions on online transactions and the development of e-commerce in the Twelfth Five-Year Plan. The State Administration for Industry and Commerce issued the Interim Measures for the Administration of Online Commodity Trading and Related Services.
In recent years, with the continuous development of China's network and economy, more and more individuals will choose to sell through the network platform. Therefore, in order to better regulate and protect the rights and interests of consumers, the state has also formulated e-commerce laws and regulations, which will clearly regulate the relevant laws and regulations that businesses should follow when selling through electronic channels and the liability for breach of contract. The above is the content compiled by Bian Xiao. There are online lawyers. If you have any questions, please feel free to consult.