Two departments: Online trading platform operators must not force or disguise operators within the platform to sell products or provide services at prices below cost in accordance with their pricing rules

The Zhitong Finance App learned that on January 7, the General Administration of Market Supervision and the State Internet Information Office issued measures to supervise and manage the rules of online trading platforms. Online trading platform operators must not use platform rules to implement the following acts of unreasonably restricting or attaching unreasonable conditions to operators within the platform: (1) forcing or disguising operators within the platform to assume after-sales responsibilities such as refunds and non-returns, harming their legitimate rights and interests; (2) forcing or disguising operators within the platform to open value-added services not necessary for business activities to increase their operating costs; (3) forcing or disguising operators within the platform to participate in promotion or promotion activities; (4) forcing or disguising operators within the platform to only carry out business activities on specific platforms ; (5) Other acts that unreasonably restrict or attach unreasonable conditions to the independent business activities of operators within the platform. Online trading platform operators must not force or disguise operators within the platform to sell products or provide services at prices below cost in accordance with their pricing rules, disrupting the competitive order of the market.

The original text is as follows:

Measures for the supervision and administration of online trading platform rules

(Decree No. 116 of the State Administration of Market Supervision and Administration and the State Internet Information Office was issued on December 18, 2025, and will take effect on February 1, 2026)

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the “Electronic Commerce Law of the People's Republic of China”, “Consumer Rights Protection Law of the People's Republic of China”, “Cybersecurity Law of the People's Republic of China” and “Cybersecurity Law of the People's Republic of China” in order to regulate the formulation, revision and implementation of online trading platform rules (hereinafter referred to as platform rules), maintain the order of online transactions, protect the legitimate rights and interests of all parties involved in online transactions, and promote the healthy and sustainable development of the platform economy.

Article 2: Internet trading platform operators carry out activities of formulating, revising and implementing platform rules, as well as market supervision and management. Internet information departments shall supervise and manage them in accordance with their responsibilities, and these Measures shall apply.

Article 3 An online trading platform operator referred to in these Measures refers to a legal person or unincorporated organization that provides services such as a network place of business, transaction matching, information release, etc. for both parties or parties to a transaction in an online transaction activity, so that both parties or multiple parties can independently carry out online trading activities.

Internet service providers such as online social networking, webcasting, etc. that provide online trading platform services such as online business sites, product browsing, order generation, and online payments to operators are network trading platform operators as stipulated in these Measures.

Article 4 Platform rules referred to in these Measures refer to a general term for service agreements and transaction rules drawn up in advance by an online trading platform operator to serve unspecified online transaction parties and manage transaction-related activities within the platform for all parties to abide by.

Platform rules include online trading platform service agreements, management rules for operators within the platform, rules for handling transactions and disputes within the platform, personal information protection rules, intellectual property protection rules, etc.

An agreement that does not have broad applicability reached through separate negotiations between an online trading platform operator and a specific entity does not fall under the platform rules stipulated in these Measures.

Article 5. Online trading platform operators shall formulate, amend and implement platform rules in accordance with the principles of openness, fairness and impartiality, abide by laws, regulations, rules and commercial ethics, public order and morals, and must not use platform rules to carry out acts that endanger national interests, the public interest of society, or infringe on the legitimate rights and interests of all parties involved in online transactions.

Article 6 Online trading platform operators shall adopt the formulation, revision and implementation of platform rules to strengthen the management of the entry and exit of operators within the platform and the management of trading activities within the platform, and implement their responsibilities in terms of product and service quality assurance, consumer rights protection, fair competition, credit management, information security management, network and data security protection for minors in accordance with law.

Chapter II Formulation, Amendment and Enforcement of Platform Rules

Article 7 An online trading platform operator shall continuously publicize platform rule information or a link logo to the above information in a prominent position on its website or application homepage, and ensure that operators and consumers can easily and completely read and download it.

Article 8. The content of the platform rules shall be clear and easy to read and understand.

The operator of an online trading platform shall alert operators and consumers to the contents of the platform rules involving fees, dispute resolution, etc. in prominent ways, such as boldface, etc., to guarantee their right to know, and explain the relevant provisions in accordance with the requirements of operators and consumers.

Article 9 An online trading platform operator shall take technical measures to set up a search function on the platform rules display page to facilitate operators and consumers to search and browse specific content in the platform rules.

Article 10 When formulating and amending platform rules, operators of online trading platforms shall solicit public comments in prominent places on their websites and application homepages. Online trading platform operators should reserve the necessary time and provide necessary technical support to ensure that all parties concerned can fully express their opinions in a timely manner.

Article 11: The operator of an online trading platform shall comprehensively and truthfully summarize and sort out the opinions received during the consultation process on the platform rules. Reasonable opinions shall be fully absorbed and adopted, and there shall be reasonable reasons for not adopting the opinions. Relevant materials should be archived for inspection. The storage period is not less than three years from the end of the consultation process.

Article 12 Platform rules formulated and revised by online trading platform operators shall be publicized at least 7 days before implementation.

Platform rules involving a huge number of users, many revisions, and important rights and interests of all parties involved should be publicized at least 15 days before implementation.

Article 13 Where an online trading platform operator formulates or amends platform rules, which may have a significant impact on the important rights and interests of the parties concerned, in addition to publicizing them in accordance with the provisions of Article 12 of these Measures, it shall also set a reasonable transition period according to the extent of its influence to provide convenient conditions for all parties concerned to properly handle related matters.

Article 14 Where an operator or consumer within the platform does not accept the revised content of the platform rules and requests withdrawal from the platform or termination of related services, the online trading platform operator shall not block it by setting unreasonable conditions, etc.

Where an operator or consumer within the platform requests withdrawal from the platform or termination of related services in accordance with the provisions of the preceding paragraph, the online trading platform operator shall bear the relevant responsibilities such as actually refunding fees in accordance with the platform rules before the revision, and shall not intentionally delay or unreasonably refuse.

Article 15 Where an online trading platform operator amends the rules of the platform, it shall completely preserve all historical versions for the three years prior to the effective date of the revised version, and ensure that the operator and consumers can read and download them conveniently and completely.

Article 16 An online trading platform operator shall not force or induce operators and consumers to agree to the relevant platform rules, and shall not set the relevant platform rules as an option of tacit consent, except where it does not increase the obligations of the operator and the consumer or impair the rights and interests of the operator and consumer.

Article 17 Online trading platform operators shall establish and improve communication and negotiation mechanisms on important matters of platform rules, conduct normalized communication and consultation on matters involving the formulation, revision and implementation of platform rules involving the major interests of all parties concerned through regular meetings, discussions, questionnaires, etc., and comprehensively and truthfully summarize the opinions collected during the communication and negotiation process. Reasonable opinions shall be fully absorbed and adopted, and there shall be reasonable reasons for not adopting opinions.

Article 18 Online trading platform operators shall adopt the formulation, revision and implementation of platform rules to regulate acts that violate laws, regulations, business ethics, public order and morals in online trading activities to prevent infringement on the legitimate rights and interests of all parties concerned.

Article 19 Where an online trading platform operator takes measures that have a negative impact on the rights and interests of the operator or consumer within the platform in accordance with the platform rules, it shall inform them of the facts, reasons and grounds for violating laws, regulations, rules or platform rules, and set up convenient channels for complaints. Where laws and regulations stipulate otherwise, they shall be in accordance with their provisions.

Where an operator or consumer within the platform files a complaint, the online trading platform operator shall promptly review the complaint and deal with it objectively and impartially; only technical means such as artificial intelligence are used to handle it; where the petitioner submits a request for manual judgment, it shall be handled by means of manual judgment. The online trading platform operator shall promptly inform the complainant of the processing results after processing.

Article 20 In the process of formulating, revising and implementing platform rules, operators of online trading platforms shall not unreasonably restrict the rights of operators and consumers within the platform to appeal.

Article 21 The operator of an online trading platform shall specify the mechanism for resolving transaction disputes within the platform in the platform rules, and fairly set the burden of proof for all parties involved in a transaction dispute within the platform in accordance with the provisions of relevant laws. Where a party's burden of proof is reasonably reduced, the online trading platform operator shall take measures to identify, prevent, and deal with acts that violate the principle of honesty and credit and abuse of this rule to infringe on the legitimate rights and interests of all parties concerned.

Article 22 Where operators of online trading platforms entrust third party agencies and personnel to implement platform rules, they shall conduct necessary training and bear legal responsibilities arising from improper implementation by third party agencies and personnel in accordance with law.

Chapter III: Information, Network, and Data Security

Article 23 Where an online trading platform operator provides information publishing services to operators and consumers within the platform, it shall clearly clarify information security provisions such as product and service information, transaction information, review information, etc. within the platform rules, requiring the operators and consumers within the platform to abide by laws and regulations and relevant national regulations, not produce, copy, publish, or disseminate illegal information, and take measures to prevent and resist the production, copying, publication, and dissemination of bad information.

Article 24. Online trading platform operators shall follow the principles of openness, fairness and impartiality, clarify the rules for handling personal information by operators within the platform in accordance with law in the platform rules, and reasonably define their personal information protection rights and obligations with those within the platform.

Article 25 Where an online trading platform operator clarifies the network data security protection obligations of third party products and service providers connected to its platform through platform rules, it shall stipulate the rights and obligations of the relevant parties in accordance with law and urge them to strengthen network data security management.

Internet trading platform operators shall not use platform rules to engage in activities prohibited by laws or administrative regulations, such as unlawfully processing users' network data or restricting users' rights and interests in network data without justifiable reasons.

Article 26. Online trading platform operators with a large number of underage users or having a significant influence on the underage community shall follow the principles of openness, fairness and impartiality, formulate specific platform rules, clarify the underage network protection obligations of operators within the platform in accordance with law, and clearly indicate the online protection rights that underage users enjoy in accordance with the law and remedies for cyber infringement.

Chapter IV. Protection of the rights and interests of operators within the platform

Article 27: Internet trading platform operators shall not use platform rules to carry out the following acts that unreasonably restrict or attach unreasonable conditions to the independent business activities of operators within the platform:

(1) Forcing or disguising operators within the platform to assume after-sales responsibilities such as refunds or non-returns, harming their legitimate rights and interests;

(2) Force or disguise operators within the platform to open value-added services that are not necessary for business activities to increase their operating costs;

(3) Force or disguise operators within the platform to participate in promotion or promotion activities;

(4) Force or disguise the operators within the platform to carry out business activities only on specific platforms;

(5) Other acts that unreasonably restrict or attach unreasonable conditions to the independent business activities of operators within the platform.

Online trading platform operators must not force or disguise operators within the platform to sell products or provide services at prices below cost in accordance with their pricing rules, disrupting the competitive order of the market.

Article 28: Online trading platform operators shall not use platform rules to carry out the following acts of charging unreasonable fees to operators within the platform:

(1) Recurring charges;

(2) There is only a charge for no service or a small amount of service;

(3) Transfer of expenses that should be borne by the platform itself;

(4) Charging fees from operators within the platform for providing their basic operating data;

(5) Force or disguise operators within the platform to purchase services or participate in promotions or promotional activities and charge fees;

(6) Using obviously unreasonable forms of security deposits or the like to disguise charges or raise the fee standard;

(7) Charging other unreasonable fees.

Online trading platform operators shall not use platform rules to discriminate on prices against platform operators with the same trading conditions when providing the same products or services.

Article 29 Where an online trading platform operator sets a penalty or damages for the relevant acts of an operator within the platform in the platform rules, it shall reasonably set the amount of the penalty or the calculation method for damages; where the penalty or damages are collected in accordance with the platform rules, the corresponding calculation basis and method shall not be informed of the corresponding calculation basis and method, and shall not use the platform rules to collect liquidated damages or damages that clearly exceed a reasonable level.

Chapter V Consumer Rights Protection

Article 30: Internet trading platform operators shall not exclude or restrict consumers' rights, reduce or exempt their own responsibilities, or unreasonably increase consumer liability in the process of formulating, amending and enforcing platform rules, including the following circumstances:

(1) The consumer is required to bear liquidated damages or damages exceeding the legal amount or clearly exceeding a reasonable amount;

(2) Exclude or restrict consumers' right to independently choose goods or services according to law;

(3) Exclude or restrict consumers' right to request payment of liquidated damages or damages in accordance with law;

(4) Exclude or restrict consumers' right to complain, report, request mediation, apply for arbitration, or file lawsuits in accordance with law;

(5) Other situations that exclude or restrict consumers' rights, mitigate or exempt themselves from liability, or unreasonably increase consumer liability.

Article 31 Online trading platform operators shall not use platform rules to set different prices or fees for the same goods or services under the same trading conditions without the consumer's knowledge.

Article 32 Where a consumer purchases membership services provided by an online trading platform operator, the online trading platform operator shall not charge additional fees or reduce the member's rights and interests without permission by unilaterally amending the platform rules during the agreed service period. Before consumers continue to purchase membership services, online trading platform operators shall prominently inform consumers about changes in the platform rules relating to members' rights and interests.

If an online trading platform operator is unable to provide relevant services to consumers in accordance with the rules of the original platform due to unforeseen objective circumstances, and the consumer proposes to terminate the membership service, it shall be dealt with in accordance with the provisions of Article 14 of these Measures.

Chapter VI: Supervision and Management

Article 33 Market supervision and management, and Internet information departments shall strengthen supervision and management of the formulation, revision, and implementation activities of platform rules in accordance with their responsibilities, and establish and improve working mechanisms such as handover of leads, information sharing, consultation, research and judgment.

Market supervision and management, and Internet information departments carry out supervisory and management activities in accordance with law. Internet trading platform operators shall cooperate, provide necessary data, technical support and assistance, and ensure the authenticity and accuracy of the data provided.

Article 34 encourages online trading platform operators to establish a social co-governance system for platform rules, and to fully listen to the opinions of all parties on platform rules through consultation and review by consumer organizations, third party agencies, and experts.

Article 35 encourages online trading platform operators to publish annual platform rules compliance reports, conduct compliance self-assessments on the formulation, revision and implementation of platform rules, and accept social supervision.

Internet trading platform operators are encouraged to invite or entrust a third party agency to issue an external compliance assessment report on the platform's rules.

Article 36 Market supervision, management, and Internet information departments at or above the provincial level may submit opinions on the formulation, revision and implementation of platform rules by online trading platform operators within their jurisdiction by organizing expert reviews, etc., and provide timely feedback to relevant online trading platform operators to guide them in optimizing the formulation, revision and execution mechanism of platform rules.

Article 37 In carrying out duties of supervising and managing platform rules in accordance with the provisions of these Measures, market supervision and management departments shall ensure that administrative inspections are based on the law, strictly regulated, fair, civilized, accurate and efficient, and avoid causing unnecessary interference with the normal business activities of online trading platform operators and operators within the platform.

Article 38 Where an online trading platform operator has any of the following circumstances during the formulation, revision and implementation of platform rules, the market supervision, management, and Internet information departments may interview the relevant person in charge in accordance with their duties and request them to explain the situation and take measures to rectify the situation:

(1) Failure to fulfill legal obligations relating to online transactions;

(2) Where a major negative public opinion incident related to online transactions occurs;

(3) Market supervision and management, and Internet information departments find problems that may have a negative impact on the order of online transactions in daily supervision and administration;

(4) Failure to protect the legitimate rights and interests of operators, consumers, and other relevant parties within the platform;

(5) Other situations requiring an interview.

Chapter 7 Legal Liability

Article 39: Where an online trading platform operator commits any of the following acts, penalties shall be imposed in accordance with the provisions of Article 81 of the “Electronic Commerce Law of the People's Republic of China”:

(1) Violating the provisions of Article 7 of these Measures and not continuously publicizing platform rule information or a link logo to the above information in a prominent place on its website or application homepage;

(2) Violating the provisions of Article 10 of these Measures and failing to publicly solicit comments in accordance with the requirements;

(3) Violating the provisions of Article 12 (1) of these Measures and failing to publicize the content of the platform rules in advance in accordance with the specified time;

(4) In violation of the provisions of Article 14 (1) of these Measures, an operator within the platform does not accept the content of the revised platform rules to request withdrawal, and prevents it from withdrawing by setting unreasonable conditions, etc.

Article 40 Where an online trading platform operator violates the provisions of Article 8 (2), Article 11, Article 14 (2), Article 16, Article 20, Article 29, Article 30, and Article 32 (1) of these Measures, the provisions of the law or administrative regulations shall be in accordance with their provisions; where the law or administrative regulations are not stipulated and fall within the responsibility of the market supervision and administration department, the market supervision and administration department shall order the correction within a limited period of time, and may be fined not less than 10,000 yuan and not more than 100,000 yuan.

Article 41: Where an online trading platform operator violates the provisions of Articles 23 to 26 of these Measures, the provisions of the law or administrative regulations shall be in accordance with their provisions; where there are no provisions in the law or administrative regulations, which fall within the responsibility of the Internet communications department, the Internet Information Department shall order the correction within a limited period of time and may be fined not less than 10,000 yuan and not more than 100,000 yuan.

Article 42 Where an online trading platform operator violates the provisions of Article 27 (1) and Article 28 (1) of these Measures, punishment shall be imposed in accordance with the provisions of Article 82 of the “Electronic Commerce Law of the People's Republic of China”.

An online trading platform operator who violates the provisions of Article 27 (2) of these Measures shall be punished in accordance with the provisions of Article 30 of the “Anti-Unfair Competition Law of the People's Republic of China”.

An online trading platform operator who violates the provisions of Article 28 (2) of these Measures shall be punished in accordance with the provisions of Article 40 of the “Price Law of the People's Republic of China” and Article 4 of the “Provisions on Administrative Penalties for Price Violations”.

Article 43 Where an online trading platform operator violates the provisions of Article 31 of these Measures, punishment shall be imposed in accordance with the provisions of Article 56 (1) of the Consumer Rights Protection Law of the People's Republic of China.

Article 44 Where operators of online trading platforms use platform rules to engage in monopoly acts, they shall be punished in accordance with the provisions of the “Anti-Monopoly Law of the People's Republic of China”.

Article 45 After making an administrative penalty decision against an online trading platform operator in accordance with these Measures, the market supervision and administration department shall disclose it to the public through the national enterprise credit information publicity system in accordance with law.

Chapter 8 Supplementary Provisions

Article 46 Where supervision and administration of platform rules formulation, amendment and implementation activities fall under the responsibility of other relevant departments according to law, other relevant departments shall carry them out in accordance with the relevant regulations.

Article 47: These Measures take effect on February 1, 2026.

This article was edited by the General Administration of Market Regulation, Zhitong Finance Editor: Chen Wenfang.