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05-11-2011, 07:14 PM
Vista Property (www.vista123.com): Ministry of Business and new guidelines: Web malicious competition with a good of 100 million business
to promote the improvement of the net, standard Online specifics services marketplace buy and safeguard consumers legit rights and interests,Microsoft Office 2007 (http://www.msoffice2010key.com/office-2007-key), we organize the formulation with the
Contact: Ministry of Business and Information Technologies Telecommunications Authority Zhang teeth
Tel:
Fax:
E-mail:
Attachment: Online facts solutions market supervision and management of Provisional Measures Order (draft)
January 12, 2011
World wide web information solutions marketplace buy Interim Measures on Supervision and Management (draft)
Chapter I Common Provisions
the very first to advertise the web business healthful, stable, sustainable improvement, sustaining Online info services, honest and orderly marketplace competitors to be able to protect the authentic rights and interests of end users, to motivate and protect innovation, according to the strategy.
2nd in the PRC within the World-wide-web information services actions shall comply with these measures.
3rd the Ministry of Facts Industry and National Web Data Services marketplace order supervision and management.
provinces, autonomous regions and municipalities Communications Authority in the Ministry of Business and Information and facts Technology below the leadership in the administrative location of World wide web information and facts solutions market purchase supervision and management.
duties involving other authorities, the Ministry of Industry and Information Technologies and also the provinces, autonomous regions and municipalities Communications Authority shall be joint management using the related authorities.
fourth Web services provider shall engage in World wide web info services, to accept the Ministry of Industry and Data Technology as well as the provinces, autonomous regions and municipalities straight underneath the supervision and management Communications Authority.
Internet support companies to provide products or services, shall comply with all the laws and regulations, relevant requirements, should certainly follow the voluntary, equality, fairness, good faith, shall not infringe the lawful rights and interests of consumers.
Article the Ministry of Industry and Data Technology along with the provinces, autonomous regions and municipalities Communications Authority, Online facts support providers dealing with a dispute between, really should adhere to a fair and just, the user very first, timely coordination, based on the law's principles.
chapter code of conduct for World wide web data solutions market
Write-up Web data service companies within the market activities, should consciously abide through the laws and rules, adhere to the norms of company ethics and self-discipline, honest orderly competition.
Net info service companies inside the market pursuits are not allowed any on the following acts of unfair competitors:
(a) fabricating and spreading untrue facts, or malicious slander or legitimate products provided by competitors services, harm to track record or business opponents item popularity;
(b) without reasonable excuse, without authorization with the other operators to supply the implementation of the lawful product or services is not compatible; on account of non-human elements and other existing operators to offer a legit item or service just isn't compatible, doesn't get the initiative to prompt the consumer to conduct an goal, or deception to induce the consumer to opt for;
(c) interfere using the person terminal to other operators to supply genuine goods or services running, or modify other operators to provide genuine goods or services, content, or intercept other operators to offer a respectable item or service info;
(d) in any way misleading, deceptive, forcing the person to uninstall or disable other legal goods or solutions;
(e) other acts contrary to honest competitors.
Article VII of the world wide web info service suppliers to other Internet service providers of protection items or solutions, privacy, high quality, disagree, and need to be submitted to third-party testing authority, shall not organize evaluation and printed survey outcomes.
third-party authority ought to be based on related nationwide requirements or business requirements for testing; no nationwide requirements or industry requirements, really should organize events together to create distinct testing requirements and approaches, and timely publication of results of testing requirements and testing .
The Identification of a third celebration authority and testing issues individually.
Write-up VIII of the net information services suppliers should really comply with refused to delay or suspend provision of services to customers;
(b) in any way limit the consumer specified company or limit its users to pick out based on the law of other operators to present items and solutions;
Article IX Internet information and facts support companies will need to put in the software program on the user terminal, operation, upgrade, unloading operations, users should really provide apparent, clear and unambiguous message, plus the consent in the consumer consent.
Online information support suppliers might hold the subsequent violations on the reputable rights and interests of customers:
(a) without having consumer consent, without the user's terminal installation, operation, upgrade, uninstall the software,or to force, deception way to provide World wide web details services;
(b) didn't present a typical way to uninstall, or other application were not affected, the destruction in the conditions, one can find nevertheless offered right after unloading required to execute code or other files that reside on the person terminal;
(c) with out the user's consent,Microsoft Office 2007 Key (http://www.msoffice2010key.com/office-2007-key), modify the user's browser configuration or other essential settings, forcing consumers to check out a specific site, or the client cannot generally access and produce other adverse consequences;
(d) Other violations of your user's right to understand, the option behavior.
Write-up Online Information and facts Services client software bundled with other computer software, ought to be clearly prompts the consumer, the consumer opt for whether to install or use, and give an independent method to uninstall, or impose any unreasonable conditions.
Article XI World-wide-web support suppliers within the user terminal around the pop-up ads or other information and facts window, customers should really shut or exit the window plainly marked. Soon after the consumer closes the window or stop without very good cause, not the window pop up again the identical content, interference with regular utilization of the user.
Post XII of the web data support suppliers ought to respect user privacy and safeguard private information safety, regulate personal details processing behavior. Laws and regulations without a obvious mandate or the user's express consent, the net information and facts support suppliers are not allowed to gather and procedure the user's personal specifics. Do need to collect and method such as consumer identity, conduct and other personal data, personal facts collected should be directly associated towards the solutions supplied, and obviously inform the person from the data assortment and processing of the content and objective,Office Pro Plus 2007 Key (http://www.windows7key.ca/office-2007-key), shall not gather personal details past the scope of solutions. Unless in any other case specified, any organization or person for any reason your private facts to third events.
situation happens when disclosure of personal specifics, related Web info services providers should certainly be right away reported to the Ministry of Industry and Data Technologies and related provinces, autonomous areas and municipalities Communications Authority, actively cooperate with federal government authorities to research, not to any type of unauthorized release of unconfirmed details.
Write-up XIII of the internet information service providers obliged to keep confidential consumer facts according to the law, need to strengthen the method security protection, the implementation of rigorous safety measures. Except in any other case specified, any organization or individual for just about any cause the content of person info to become checked.
Post XIV of the net info services suppliers ought to make certain that the content material of person data (including text, pictures, audio and video clip, and so forth.) the safety, protection of customers to offer their very own data, modify and delete rights, national laws and regulations except as or else provided.
Internet data service supplier following functions are prohibited:
(a) without a valid reason to modify or delete person information;
(b) without having the user agreed to present person information to 3rd parties with out authorization;
(c) unauthorized or beneath the guise of the consumer name, or deception to induce the person for data transfer.
Chapter dispute settlement mechanism of the net Info Solutions
Article XV World wide web information services supplier dispute among the support, shall comply with all the client initial,mutual respect, equality and cause,Office Professional Plus (http://www.windows-7-key.us/office-2010-key), the principle of pleasant consultation within the framework of nationwide laws and laws allow, via company consultation, mediation industry organizations, government coordination of processing and other ways to correctly resolve the judicial method, without having prejudice towards the reliable rights and interests of users, not malicious slander competitors opponents.
users and World wide web information and facts services disputes among service suppliers, consumers can appeal towards the admissibility on the National Middle for telecommunications users plus the provincial, autonomous regional and municipal telecommunications customers organization handling complaints lodged an appeal based on law by accepting Interim Techniques for managing complaints telecommunications customers
Write-up XVI Internet industry organizations to create and put into action business self-regulate, advertise company ethics and company compliance, and promote rational competitors among enterprises and collaboration.
World wide web industry organization create dispute mediation body, the web information service company disputes, require businesses to comply with industry standards and company ethics, self-discipline, respect for person rights and also to market the development of your industry from your viewpoint of mediation.
Write-up XVII and also the Ministry of Industry and Info of provinces, autonomous areas and municipalities Communications Authority dealt with by means of routine monitoring and coordination mechanism for timely resolution of associated disputes, and create communication channels and services judged the dispute mechanism.
the Ministry of Industry and Information Technologies and also the provinces, autonomous regions and municipalities straight beneath the controversial Communications Authority to determine solutions, emergency response mechanism, about the social effect of severe incidents, and right away began coordinating and processing mechanisms.
Write-up XVIII as well as the Ministry of Business and Specifics of provinces, autonomous regions and municipalities directly below Communications Authority to coordinate the 2 sides within the dispute, will need to assist to promote the net industry to adhere to the wellness, stability, sustainable development, assist protect the reputable rights and interests of Internet end users, is conducive to sustaining fair and orderly marketplace competitors purchase is conducive to encouraging the concepts of innovation, fair, impartial and objective to coordinate the views.
coordination of observations produced, the controversial views of each sides should be coordinated and conscientiously fulfill inside the time limits.
Post XIX parties to the dispute inside the Ministry of Industry and Information Technologies, or provinces, autonomous areas and municipalities Communications Authority to coordinate the processing views, can agree on a settlement towards the proper telecommunications authority for your report.
Diershitiao the Ministry of Industry and Specifics Technologies and also the provinces, autonomous areas and municipalities directly under Communications Authority in coordinating the procedure, or even the telecommunications administration authority inside the grievance method, might be chosen by the nationally acknowledged 3rd party establishments according to related standards for technical appraisal, or organization of financial, legal and technical professionals to conduct feasibility studies as well as the results of remedy according to advice by specialists.
twenty-one Net services supplier any dispute in between the act and its controversial management measures that might possibly affect the security, instantly to the Ministry of Industry and Information and facts Technology, or provinces, autonomous areas and municipalities Communications Authority report .
the Ministry of Business and Data Technologies, or provinces, autonomous areas and municipalities Communications Authority professionals and authorities on the controversial third-party assessment from the effect triggered, such as safety measures will certainly outcome in failure or adverse social impact World-wide-web information and facts services providers should really instantly shelve disputes and make certain the successful implementation of basic safety measures.
twenty-two along with the Ministry of Facts Industry and also the provincial,Microsoft Office Professional Plus 2007 (http://www.office2010-key.in/office-2007-key), autonomous regional and municipal communications workers from the Authority services in the Web Info Services Dispute routines, is strictly prohibited favoritism, bribery, abuse of power, leaking strategies constitutes a crime shall be investigated for criminal responsibility; not constitute a crime, shall be offered administrative sanctions.
Chapter IV Penalties
violation of your provisions of Article 3 of Article VI, Article VII of the provinces, autonomous areas, municipalities straight under the telecommunications administration authority shall buy rectification in the 10 above a hundred million yuan shall be imposed; conditions are serious, shall be ordered to suspend company for rectification.
twenty-four violations of Article 8, Article IX, Article X, Article XI, Post XII, Post XIII, Write-up XIV, the provinces, autonomous regions, municipalities, telecommunications management ordered to create corrections towards the consumer apology, compensation for reduction of buyers; refuse to create corrections and compensation for losses, and a warning, and impose a lot more than ten million one million fine; circumstances are significant, shall be ordered to suspend company for rectification.
to promote the improvement of the net, standard Online specifics services marketplace buy and safeguard consumers legit rights and interests,Microsoft Office 2007 (http://www.msoffice2010key.com/office-2007-key), we organize the formulation with the
Contact: Ministry of Business and Information Technologies Telecommunications Authority Zhang teeth
Tel:
Fax:
E-mail:
Attachment: Online facts solutions market supervision and management of Provisional Measures Order (draft)
January 12, 2011
World wide web information solutions marketplace buy Interim Measures on Supervision and Management (draft)
Chapter I Common Provisions
the very first to advertise the web business healthful, stable, sustainable improvement, sustaining Online info services, honest and orderly marketplace competitors to be able to protect the authentic rights and interests of end users, to motivate and protect innovation, according to the strategy.
2nd in the PRC within the World-wide-web information services actions shall comply with these measures.
3rd the Ministry of Facts Industry and National Web Data Services marketplace order supervision and management.
provinces, autonomous regions and municipalities Communications Authority in the Ministry of Business and Information and facts Technology below the leadership in the administrative location of World wide web information and facts solutions market purchase supervision and management.
duties involving other authorities, the Ministry of Industry and Information Technologies and also the provinces, autonomous regions and municipalities Communications Authority shall be joint management using the related authorities.
fourth Web services provider shall engage in World wide web info services, to accept the Ministry of Industry and Data Technology as well as the provinces, autonomous regions and municipalities straight underneath the supervision and management Communications Authority.
Internet support companies to provide products or services, shall comply with all the laws and regulations, relevant requirements, should certainly follow the voluntary, equality, fairness, good faith, shall not infringe the lawful rights and interests of consumers.
Article the Ministry of Industry and Data Technology along with the provinces, autonomous regions and municipalities Communications Authority, Online facts support providers dealing with a dispute between, really should adhere to a fair and just, the user very first, timely coordination, based on the law's principles.
chapter code of conduct for World wide web data solutions market
Write-up Web data service companies within the market activities, should consciously abide through the laws and rules, adhere to the norms of company ethics and self-discipline, honest orderly competition.
Net info service companies inside the market pursuits are not allowed any on the following acts of unfair competitors:
(a) fabricating and spreading untrue facts, or malicious slander or legitimate products provided by competitors services, harm to track record or business opponents item popularity;
(b) without reasonable excuse, without authorization with the other operators to supply the implementation of the lawful product or services is not compatible; on account of non-human elements and other existing operators to offer a legit item or service just isn't compatible, doesn't get the initiative to prompt the consumer to conduct an goal, or deception to induce the consumer to opt for;
(c) interfere using the person terminal to other operators to supply genuine goods or services running, or modify other operators to provide genuine goods or services, content, or intercept other operators to offer a respectable item or service info;
(d) in any way misleading, deceptive, forcing the person to uninstall or disable other legal goods or solutions;
(e) other acts contrary to honest competitors.
Article VII of the world wide web info service suppliers to other Internet service providers of protection items or solutions, privacy, high quality, disagree, and need to be submitted to third-party testing authority, shall not organize evaluation and printed survey outcomes.
third-party authority ought to be based on related nationwide requirements or business requirements for testing; no nationwide requirements or industry requirements, really should organize events together to create distinct testing requirements and approaches, and timely publication of results of testing requirements and testing .
The Identification of a third celebration authority and testing issues individually.
Write-up VIII of the net information services suppliers should really comply with refused to delay or suspend provision of services to customers;
(b) in any way limit the consumer specified company or limit its users to pick out based on the law of other operators to present items and solutions;
Article IX Internet information and facts support companies will need to put in the software program on the user terminal, operation, upgrade, unloading operations, users should really provide apparent, clear and unambiguous message, plus the consent in the consumer consent.
Online information support suppliers might hold the subsequent violations on the reputable rights and interests of customers:
(a) without having consumer consent, without the user's terminal installation, operation, upgrade, uninstall the software,or to force, deception way to provide World wide web details services;
(b) didn't present a typical way to uninstall, or other application were not affected, the destruction in the conditions, one can find nevertheless offered right after unloading required to execute code or other files that reside on the person terminal;
(c) with out the user's consent,Microsoft Office 2007 Key (http://www.msoffice2010key.com/office-2007-key), modify the user's browser configuration or other essential settings, forcing consumers to check out a specific site, or the client cannot generally access and produce other adverse consequences;
(d) Other violations of your user's right to understand, the option behavior.
Write-up Online Information and facts Services client software bundled with other computer software, ought to be clearly prompts the consumer, the consumer opt for whether to install or use, and give an independent method to uninstall, or impose any unreasonable conditions.
Article XI World-wide-web support suppliers within the user terminal around the pop-up ads or other information and facts window, customers should really shut or exit the window plainly marked. Soon after the consumer closes the window or stop without very good cause, not the window pop up again the identical content, interference with regular utilization of the user.
Post XII of the web data support suppliers ought to respect user privacy and safeguard private information safety, regulate personal details processing behavior. Laws and regulations without a obvious mandate or the user's express consent, the net information and facts support suppliers are not allowed to gather and procedure the user's personal specifics. Do need to collect and method such as consumer identity, conduct and other personal data, personal facts collected should be directly associated towards the solutions supplied, and obviously inform the person from the data assortment and processing of the content and objective,Office Pro Plus 2007 Key (http://www.windows7key.ca/office-2007-key), shall not gather personal details past the scope of solutions. Unless in any other case specified, any organization or person for any reason your private facts to third events.
situation happens when disclosure of personal specifics, related Web info services providers should certainly be right away reported to the Ministry of Industry and Data Technologies and related provinces, autonomous areas and municipalities Communications Authority, actively cooperate with federal government authorities to research, not to any type of unauthorized release of unconfirmed details.
Write-up XIII of the internet information service providers obliged to keep confidential consumer facts according to the law, need to strengthen the method security protection, the implementation of rigorous safety measures. Except in any other case specified, any organization or individual for just about any cause the content of person info to become checked.
Post XIV of the net info services suppliers ought to make certain that the content material of person data (including text, pictures, audio and video clip, and so forth.) the safety, protection of customers to offer their very own data, modify and delete rights, national laws and regulations except as or else provided.
Internet data service supplier following functions are prohibited:
(a) without a valid reason to modify or delete person information;
(b) without having the user agreed to present person information to 3rd parties with out authorization;
(c) unauthorized or beneath the guise of the consumer name, or deception to induce the person for data transfer.
Chapter dispute settlement mechanism of the net Info Solutions
Article XV World wide web information services supplier dispute among the support, shall comply with all the client initial,mutual respect, equality and cause,Office Professional Plus (http://www.windows-7-key.us/office-2010-key), the principle of pleasant consultation within the framework of nationwide laws and laws allow, via company consultation, mediation industry organizations, government coordination of processing and other ways to correctly resolve the judicial method, without having prejudice towards the reliable rights and interests of users, not malicious slander competitors opponents.
users and World wide web information and facts services disputes among service suppliers, consumers can appeal towards the admissibility on the National Middle for telecommunications users plus the provincial, autonomous regional and municipal telecommunications customers organization handling complaints lodged an appeal based on law by accepting Interim Techniques for managing complaints telecommunications customers
Write-up XVI Internet industry organizations to create and put into action business self-regulate, advertise company ethics and company compliance, and promote rational competitors among enterprises and collaboration.
World wide web industry organization create dispute mediation body, the web information service company disputes, require businesses to comply with industry standards and company ethics, self-discipline, respect for person rights and also to market the development of your industry from your viewpoint of mediation.
Write-up XVII and also the Ministry of Industry and Info of provinces, autonomous areas and municipalities Communications Authority dealt with by means of routine monitoring and coordination mechanism for timely resolution of associated disputes, and create communication channels and services judged the dispute mechanism.
the Ministry of Industry and Information Technologies and also the provinces, autonomous regions and municipalities straight beneath the controversial Communications Authority to determine solutions, emergency response mechanism, about the social effect of severe incidents, and right away began coordinating and processing mechanisms.
Write-up XVIII as well as the Ministry of Business and Specifics of provinces, autonomous regions and municipalities directly below Communications Authority to coordinate the 2 sides within the dispute, will need to assist to promote the net industry to adhere to the wellness, stability, sustainable development, assist protect the reputable rights and interests of Internet end users, is conducive to sustaining fair and orderly marketplace competitors purchase is conducive to encouraging the concepts of innovation, fair, impartial and objective to coordinate the views.
coordination of observations produced, the controversial views of each sides should be coordinated and conscientiously fulfill inside the time limits.
Post XIX parties to the dispute inside the Ministry of Industry and Information Technologies, or provinces, autonomous areas and municipalities Communications Authority to coordinate the processing views, can agree on a settlement towards the proper telecommunications authority for your report.
Diershitiao the Ministry of Industry and Specifics Technologies and also the provinces, autonomous areas and municipalities directly under Communications Authority in coordinating the procedure, or even the telecommunications administration authority inside the grievance method, might be chosen by the nationally acknowledged 3rd party establishments according to related standards for technical appraisal, or organization of financial, legal and technical professionals to conduct feasibility studies as well as the results of remedy according to advice by specialists.
twenty-one Net services supplier any dispute in between the act and its controversial management measures that might possibly affect the security, instantly to the Ministry of Industry and Information and facts Technology, or provinces, autonomous areas and municipalities Communications Authority report .
the Ministry of Business and Data Technologies, or provinces, autonomous areas and municipalities Communications Authority professionals and authorities on the controversial third-party assessment from the effect triggered, such as safety measures will certainly outcome in failure or adverse social impact World-wide-web information and facts services providers should really instantly shelve disputes and make certain the successful implementation of basic safety measures.
twenty-two along with the Ministry of Facts Industry and also the provincial,Microsoft Office Professional Plus 2007 (http://www.office2010-key.in/office-2007-key), autonomous regional and municipal communications workers from the Authority services in the Web Info Services Dispute routines, is strictly prohibited favoritism, bribery, abuse of power, leaking strategies constitutes a crime shall be investigated for criminal responsibility; not constitute a crime, shall be offered administrative sanctions.
Chapter IV Penalties
violation of your provisions of Article 3 of Article VI, Article VII of the provinces, autonomous areas, municipalities straight under the telecommunications administration authority shall buy rectification in the 10 above a hundred million yuan shall be imposed; conditions are serious, shall be ordered to suspend company for rectification.
twenty-four violations of Article 8, Article IX, Article X, Article XI, Post XII, Post XIII, Write-up XIV, the provinces, autonomous regions, municipalities, telecommunications management ordered to create corrections towards the consumer apology, compensation for reduction of buyers; refuse to create corrections and compensation for losses, and a warning, and impose a lot more than ten million one million fine; circumstances are significant, shall be ordered to suspend company for rectification.