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What impact does the 2019 e-commerce law have on wechat merchants? Wechat purchasing on behalf of we

What impact does the 2019 e-commerce law have on wechat merchants? Wechat purchasing on behalf of wechat merchants is included in the scope of supervision

4hw.com.cn: the word "wechat" has never been defined, because there is no platform for guarantee, and the transaction depends on the mutual trust between the buyer and the seller. What impact will the latest e-commerce law in 2019 have on wechat? Let's have a look.

The e-commerce law of the people's Republic of China (hereinafter referred to as the "e-commerce law") was officially implemented on January 1, 2019, which is the first comprehensive law in the field of e-commerce in China. The new e-commerce law has more detailed specifications for e-commerce operators. Previously, wechat merchants and purchasing agents wandering in the gray area have been included in the supervision. The law has made relevant provisions on bill brushing, big data ripening, binding and tying.

Wechat merchants and purchasing agents are regulated

According to the monitoring data of e-commerce research center, the number of online shopping users in China in the first half of 2018 was 569 million, an increase of 10.2% over the first half of 2017. In addition, according to Zhiyan consulting data, the number of micro business employees in China reached 2018 million in 2017 and is expected to reach 30.3 million in 2019.

Therefore, the emergence and implementation of the e-commerce law is imperative, and one of the major impacts is that the individual purchasing and wechat business industry will usher in standardization.

According to the e-commerce law, in addition to the major e-commerce platforms we are familiar with, they are clearly included in the category of e-commerce operators through 'human flesh' purchasing on behalf of goods, circle of friends wechat merchants, live broadcasting platform 'carrying goods' (guiding shopping), which are restricted by the law and should fulfill their tax obligations.

It is noteworthy that the above entities need to register as market entities (purchasing agents must hold business licenses from the purchasing country and China). At the same time, according to the e-commerce law, once the operator violates the rules, the maximum fine is 2 million yuan, he may also violate other penalties, such as the crime of smuggling ordinary goods.

At present, the new e-commerce law does not provide specific rules for the supervision of wechat merchants and individual purchasing agents, but several versions of regulatory measures have been circulated in the purchasing agent circle, such as' seals of both parties of sensitive words transaction ',' no wechat direct payment ',' flow restriction and power reduction in the circle of friends', etc.

Therefore, some purchasing agents directly incarnate 'soul painters' and try to copy products in English, Japanese and comics, which has triggered a wave of divine copywriting:' Clinique's butter is described as' the brother of Qianqian in the next village, oily and fresh ';' Luna's facial cleanser is called Luhan's brother Luna by the purchasing agents Dior's lipstick is called 'carved diamond series' & hellip& hellip;

In this regard, Dong Yizhi, a lawyer at Shanghai Yida law firm, said, 'although these acts reflect the compliance awareness of purchasing agents to a certain extent, they are still suspected of violating regulations in essence. These & lsquo; Smart & rsquo; It is a normal response in the process of supervision and the promotion of the rule of law, but with the continuous refinement of legal provisions and the continuous purification of the rule of law environment, these phenomena will be less and less. "

Brush praise? No!

In addition to the regulation of wechat merchants and purchasing agents, the situation that sellers induce consumers to give high praise will also be improved in the future.

According to the provisions of the e-commerce law, operators of e-commerce platforms shall not delete consumers' evaluation of commodities sold or services provided on their platforms.

At the same time, e-commerce operators shall not conduct false or misleading business publicity by means of fictitious transactions and fabricated user evaluations, so as to deceive and mislead consumers. Moreover, if unfair competition acts such as false or misleading business publicity are carried out, it may violate the anti unfair competition law.

big data-enabled price discrimination against existing customers The maximum penalty is 500000

Previously, some e-commerce platforms used the excuse of 'personalized recommendation' to recommend higher priced products to people who are not price sensitive, while shielding the same type of low-priced goods.

The e-commerce law clearly pointed out that e-commerce platforms should provide options that are not specific to their personal characteristics. In case of violation of the provisions, the market supervision and administration department shall order it to make corrections within a time limit, confiscate its illegal income and may also impose a fine of not less than 50000 yuan but not more than 200000 yuan; If the circumstances are serious, a fine of not less than 200000 yuan but not more than 500000 yuan may also be imposed.

Bundling? Disable 'default check'!

Many people have experienced such phenomena as buying tickets, default 'special car' pick-up and drop off, default consent to obtain personal information, etc. These bundling and tying phenomena on the Internet platform are very annoying.

The e-commerce law stipulates that tying goods or services shall have a significant prompt and shall not be used as an option for tacit consent. Otherwise, if the circumstances are serious, the illegal income may be confiscated and a fine of not less than 200000 yuan but not more than 500000 yuan may be imposed.

Is it difficult to refund the deposit? You have to retreat!

Have you refunded your bike sharing deposit? At the end of 2018, many bike sharing users were troubled by the difficulty of refunding the deposit. However, the deposit must also be refunded if it is difficult to refund, and the procedure for refunding the deposit will be clearer in the future.

According to the e-commerce law, if an e-commerce operator collects a deposit from a consumer as agreed, it shall specify the method and procedure for the return of the deposit, and shall not set unreasonable conditions for the return of the deposit. If a consumer applies for the refund of the deposit and meets the conditions for the refund of the deposit, the e-commerce operator shall refund it in time. If the deposit is not refunded in time, the maximum penalty is RMB 500000.

Online fake? The platform will also take responsibility!

For a long time, fake goods are common when shopping on e-commerce platforms. The e-commerce law also stipulates that in case of fake goods, not only the store shall be fined, but also the business platform shall be jointly and severally, and shall bear civil liability and administrative punishment, with a maximum fine of 2 million yuan.

Specifically, Article 38 of the e-commerce law points out that if the operator of the e-commerce platform knows or should know that the commodities sold or services provided by the operator in the platform do not meet the requirements of protecting personal and property safety, or has other acts infringing on the legitimate rights and interests of consumers and fails to take necessary measures, he shall bear joint and several liability with the operator in the platform according to law.