Legal basis: Measures for the Supervision and Administration of Online Transactions Article 33 Local market supervision and administration departments at or above the county level shall strengthen coordination and cooperation in their daily management and law enforcement activities.
The provincial market supervision and administration department of the domicile of the online trading platform operator shall, according to the needs of the work, share the identity information of the operator in the platform with the provincial market supervision and administration department of the actual place of operation in a timely manner.
Article 34 When the market supervision and management department conducts supervision and law enforcement activities such as supervision and inspection, case investigation, accident handling, recall of defective consumer goods, and handling of consumer disputes according to law, it may require the operators of online trading platforms to provide relevant information such as the identity of the operators in the platform, information on goods or services, payment records, logistics express delivery, return and exchange, and after-sales trading information. Operators of online trading platforms shall provide technical assistance and actively cooperate with market supervision and management departments to monitor illegal online transactions.
Operators who provide publicity, payment and settlement, logistics express delivery, network access, server hosting, virtual hosting, cloud services, website design and production, etc. Online trading operators (hereinafter referred to as other service providers) shall promptly assist the market supervision and management departments to investigate and deal with online trading violations according to law, and provide relevant data and information they have. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
If the market supervision and management department finds that the online trading operators have committed illegal acts and requires the online trading platform operators and other service providers to take measures to stop them according to law, the online trading platform operators and other service providers shall cooperate.
Article 35 When investigating suspected illegal online transactions, the market supervision and management department may take the following measures according to law:
(a) on-site inspection of relevant places suspected of illegal online transactions;
(2) consulting and copying contracts, documents, account books and other relevant materials related to suspected illegal online transactions;
(3) Collecting, retrieving and copying electronic data related to suspected illegal online transactions;
(4) Asking the parties suspected of engaging in illegal online transactions;
(5) Investigating natural persons, legal persons and unincorporated organizations related to suspected illegal online transactions, and understanding relevant information;
(six) other measures that can be taken as stipulated by laws and regulations.
If the measures specified in the preceding paragraph need to be reported for approval according to law, the approval procedures shall be handled.
The technical monitoring records of market supervision and management departments on illegal online transactions can be used as electronic data evidence for implementing administrative punishment or taking administrative measures.
Thirty-sixth market supervision and management departments should take necessary measures to protect the safety of data and information provided by online trading operators, and keep personal information, privacy and business secrets strictly confidential.
Article 37 The market supervision and management department shall exercise credit supervision over online trading operators according to law, and collect and publicize the information of online trading operators such as registration and filing, administrative license, spot check results, administrative punishment, inclusion in the list of abnormal business operations and the list of serious illegal and untrustworthy enterprises through the national enterprise credit information publicity system. If there are serious violations of law and dishonesty, joint punishment shall be implemented according to law.
The information specified in the preceding paragraph can also be publicized through the official website of the market supervision and management department, the online search engine and the prominent position of the operator's home page engaged in business activities.
Article 38 If an online trading operator fails to perform his legal responsibilities and obligations according to law, which disrupts or may disrupt the online trading order and affect the legitimate rights and interests of consumers, the market supervision and management department may interview his legal representative or principal responsible person according to his duties and ask him to take measures for rectification.