On the afternoon of September 29, the 31st meeting of the Standing Committee of the 13th Provincial People’s Congress deliberated and passed the "Regulations on Electronic Commerce in Zhejiang Province" (hereinafter referred to as the "Regulations"), which will be formally implemented on March 1 next year . This law, which was first submitted to the Standing Committee of the Provincial People’s Congress in 2017 for deliberation, and was officially passed in 2021, will bring any changes to our lives? The reporter combed through previous cases.
stop the "big data acquaintance"
the same goods or services, but the e-commerce platform asks regular customers for higher prices, this situation is called "big data acquaintance".
Last year, the Zhejiang Provincial Consumer Protection Commission had named Meituan, Feizhu APP and other online booking platforms that had problems with unsubscription difficulties and "big data". The Provincial Consumer Protection Committee disclosed that some online booking platforms have room prices chaotic, and the same hotel products have different quotations on the same platform.
In July this year, this newspaper reported that Ctrip Travel APP Diamond Member, Ms. Shaoxing Hu, who owns "15% off hotel reservation" rights, encountered a price that was twice the actual price when Ctrip booked a hotel. In the end, Ms. Hu took up legal weapons to defend her rights, and was supported by the court's "refund of one compensation and three compensation".
In recent years, with the maturity of big data technology, merchants can obtain user habits and preferences through back-end algorithms, so as to make precise price charging. In future business practices, it may become more and more common for merchants to adopt differentiated pricing strategies.
For this reason, the "Regulations" clearly stipulates that e-commerce operators shall not use big data analysis, algorithms and other technical means to impose unreasonable differential treatment on consumers with the same transaction conditions in terms of transaction prices. If they violate the regulations, they will Punishment in accordance with relevant anti-monopoly laws and administrative regulations. However, the "Regulations" also pointed out that preferential activities for new users within a reasonable period of time shall not be regarded as unreasonable differential treatment.
Live streaming with goods can’t be willful anymore
Live streaming with goods is now in full swing,However, chaos in this new form of Internet is not uncommon.
In November last year, Luo Yonghao used to apologize on the official account because the " Pierre Cardin" brand sweater sold in the live broadcast room was fake. In the statement of apology, he said that the sale was due to supply. The party is suspected of forging documents and forging counterfeit and inferior products. Consumers who buy fake products will be compensated 3 times.
"Overturned", there is also the Internet celebrity anchor " simba ". Kuaishou anchor "Simba", who claims to have 80 million fans, was revealed that the bird's nest sold in the live broadcast room was fake, and the cost was only more than 2 yuan. For selling counterfeit bird's nest, Simba Fang was fined 900,000 yuan by the market supervision department, and the bird's nest brand was also given an administrative penalty of "stop illegal activities and fined 2 million yuan".
In June last year, China Advertising Association issued the "Code of Conduct for Webcast Marketing Activities", which stipulates that the product and service information released by merchants should be true, scientific and accurate, and no false publicity, deception or misleading consumption Those involved in product and service standards should be consistent with relevant national standards and industry group standards to protect consumers’ right to know.
Compared with the above-mentioned regulations, Zhejiang uses local legislation to regulate, and its legal effect is stronger. As stipulated in the "Regulations", live broadcast room operators and live broadcast marketers shall review the live broadcast content provided by e-commerce operators, and verify whether the live broadcast content matches the linked goods or services. Anyone who broadcasts content that violates laws and regulations, violates public order and good customs, or is inconsistent with the linked goods or services, shall be ordered by the market supervision and management department to make corrections; if the circumstances are serious, they shall be ordered to suspend business for rectification and be fined up to 500,000 yuan.
"Food Safety Seal" gives consumers peace of mind
Nowadays, food delivery has gradually become an important choice for people to eat. However, in the food delivery industry, there is no lack of irregularities, such as eating foreign objects in meals, or being maliciously retaliated by riders. There have been cases where a rider was dissatisfied with a customer’s request to deliver food upstairs.The incident of spitting at the takeaway has aroused concern. For consumers, due to the concealment of takeaway transportation, certain risks are hidden. Therefore, the "food safety seal" system urgently needs to be promoted.
"Food safety seal" refers to the implementation of the take-out seal. During the delivery process, the user will know at a glance whether the take-out has been opened. In this way, on the one hand, it reduces the secondary pollution of food delivery; on the other hand, it is also conducive to the division of responsibilities. Food safety problems occur, and the problematic links can be more accurately located. For riders and merchants, it is both A kind of protection.
In this regard, the "Regulations" stipulate that operators on platforms that provide online catering services and e-commerce operators who provide online catering services through self-built websites and other network services shall display video in a prominent position on the operator’s information page. The form of real-time disclosure of the food processing and production site, and the use of seals to seal the delivered food. If there is no seal or the seal is damaged, the online courier has the right to refuse delivery, and the consumer has the right to refuse to sign.
manages both ends of the "bad reviews"
After many consumers submit negative reviews to sellers on online shopping platforms, they will receive calls from sellers requesting to revise the negative reviews. If they are good, they will offer cashback or cashback. Compensation is waived, and those with a bad attitude are threatened by words. Some consumers have even encountered retaliation for refusing to modify bad reviews.
In early August of this year, Ms. Wang from Jiangsu gave a negative review after shopping online because she was dissatisfied with the quality of the product. After that, a series of harassing phone calls came to the door, and the content was unbearable. Ms. Wang discovered that her mobile phone number had been maliciously spread, and the online store admitted that this was the work of a customer service in the store. Regarding this, Ms. Wang reported to the police, and the police has officially filed a case.
In response to this situation, the "Regulations" stipulate that consumers should be objective and fair when evaluating purchased goods or services. The operator of an e-commerce platform shall not delete the consumer's evaluation of the goods sold or the services provided on the platform.
In addition, there are also cases where stores suffer unprovoked bad reviews, and even the special profession of "malicious bad reviewers" has made some businesses miserable. The emergence of these malicious negative reviews is a great blow to e-commerce companies. According to the regulations in the "Regulations", the evaluation content is not for the purchased goods or the received services.Or for the promotion and promotion of the goods or services of other e-commerce operators, the e-commerce platform operators may delete or block the corresponding evaluation content. E-commerce platform operators shall establish a review mechanism to maintain objective and fair credit evaluations, and may take necessary measures to deal with false evaluations of consumers or use of bad reviews to obtain improper benefits.
Source: Zhejiang Legal News (Reporter Hu Zonghao)
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