On 7 January 2026, the State Administration for Market Regulation announced the Measures for the Supervision and Administration of Online Trading Platform Rules (“Measures”), jointly formulated with the Cyberspace Administration of China, to regulate the formulation of online trading platform rules (“Platform Rules”). Platform Rules refer to the service agreements and trading rules formulated by online trading platforms (“Platforms”), such as Amazon, Taobao, eBay, and JD.com, to govern trading activities on their platforms. Taking effect on 1 February 2026, the Measures signify that China’s regulation of the platform economy has entered a phase of “rules-based governance”. By standardizing the entire lifecycle—formulation, modification, and enforcement—of the Platforms’ internal rules, the Measures aim to build a more transparent, fair, and predictable digital business environment.
For a long time, the Platform Rules (including user agreements, merchant management rules, dispute resolution mechanisms, intellectual property protection rules, and personal information protection rules) have functioned as the “private law” of the Platforms, with their opacity and arbitrariness frequently criticized. The Measures directly address the core of platform governance—the rules governing the rules themselves. This marks an upgrade in China’s regulatory logic from “end-point supervision” of specific transactional conduct to “source and process governance” of the Platform Rules lifecycle.
The Measures comprise 8 chapters and 47 articles, including General Provisions; Formulation, Modification, and Enforcement of Platform Rules; Information, Network and Data Security Protection; Protection of the Rights and Interests of Operators on Platforms; Protection of Consumers’ Rights and Interests; Supervision and Administration; and Legal Liability. The scope of application extends beyond traditional e-commerce platforms (e.g., Taobao, JD.com) to explicitly include online social platforms (e.g., Twitter, WeChat, LinkedIn) and online live-streaming platforms (e.g., TikTok, YouTube), demonstrating a commitment to comprehensive regulatory coverage.
Obligations and Requirements in the Process of Formulating, Modifying, and Enforcing Platform Rules
The Measures clarify the responsibilities the Platforms must fulfil during the formulation, modification, and enforcement of the Platform Rules. During the formulation and modification stages, the Measures stipulate obligations such as information disclosure, public solicitation of opinions, grace period provision, guarantee of the right to exit, archiving of historical versions, and prohibition of implied consent. The Platforms must prominently and continuously display their Platform Rules on the homepage of their websites and applications and provide a content search function. When formulating or modifying the Platform Rules, the Platforms must publicly solicit opinions, summarize the feedback received, and adopt reasonable suggestions. Under this provision, platform users (including operators and consumers on the platform) can proactively submit opinions during the early stages of formulating or amending rules such as intellectual property protection rules, thereby promoting the establishment of fairer, more reasonable complaint and handling standards that align with international practices. The Platform Rules must be publicly disclosed at least 7 days (or 15 days for significant amendments) before taking effect, and reasonable grace periods must be set for rules or amendments that may significantly impact certain users. The users who do not accept the amendments may freely exit and process refunds according to the previous version of the Platform Rules. The Platforms must completely archive and make publicly available the historical versions of their Platform Rules from the preceding three years. In practice, the users may utilize this provision to track the evolution of platform rules such as those on intellectual property, cite historical clauses favorable to their position in disputes, or expose unfairness in rule amendments. The Measures prohibit setting agreement to rules as a default option or coercively inducing user consent, unless the rule amendments are solely beneficial to the users.
During the enforcement and dispute stages, the Measures require Platforms to establish mechanisms for communication and consultation on major matters related to Platform Rules and for resolving transactional disputes on the platform. The Platforms are required to engage in regular communication and consultation through periodic meetings, forums, questionnaires, etc., regarding the formulation, modification, and enforcement of the Platform Rules involving significant interests of users, and to adopt reasonable opinions. When the Platforms impose negative measures, they must inform the users of the facts, reasons, and basis, and provide a convenient channel for appeal. If a user lodges an appeal (including against an AI determination), the Platform must promptly review the appeal and inform the appellant of the outcome in a timely manner. Based on this clause, when a Platform takes punitive measures (such as link removal) against an operator on the platform suspected of infringement, it must inform the operator of the specific infringing facts and the rules basis. The Platform Rules must not impose unreasonable restrictions on users’ right to appeal, must clearly define fair dispute resolution mechanisms and burden of proof, and prevent the abuse of Platform Rules. If a Platform entrusts a third party to enforce its Platform Rules, the Platform remains legally liable for any improper enforcement by that third party.
Transforming Statutory Information, Network, and Data Security Protection Obligations into the Platform Rules
The Measures require the Platforms to implement, through their Platform Rules, the statutory obligations assigned to them under laws such as the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, and the Law on the Protection of Minors regarding safeguarding information, network, and data security. This creates a transmission chain from national law to the Platform Rules to concrete implementation.
Regarding information content security management, the Measures require the Platforms to clearly specify information security clauses in a prominent manner within their Platform Rules, thereby regulating users’ information publishing activities. The users must not produce, reproduce, publish, or disseminate illegal or harmful information.
Regarding personal information protection, the Platforms must follow the principles of openness, fairness, and impartiality in their Platform Rules, clarifying the boundaries of rights and obligations between themselves and operators on the platform concerning the processing of personal information. This helps resolve the ambiguous areas of responsibility in practice between the Platforms and operators on issues such as “who collects, who is responsible, and how to share”, preventing mutual buck-passing.
Regarding network data security protection, the Measures require the Platform Rules to clearly define the network data security protection obligations of third-party product and service providers (e.g., ISV service providers, logistics plugins) integrated into the platform. The Platforms are prohibited from using the Platform Rules to engage in activities such as illegally processing user network data or restricting the users’ data rights and interests without justifiable reason.
To protect minors, the Measures require the Platforms with a significant number of minor users or that have a substantial impact on minor users (e.g., social e-commerce, gaming peripheral platforms) to formulate dedicated Platform Rules clarifying the obligations of operators on the platform regarding minor protection (e.g., not selling prohibited items to minors, not inducing them to make rewards), and to prominently indicate the rights to online protection afforded to minors and the avenues for relief available to them in case of online harm.
Protection of the Rights and Interests of Operators on Platforms and Consumers
The platform economy is a tripartite economic structure composed of the Platform, operators on the platform, and consumers. The Measures not only establish provisions in Chapters 2 and 3 to constrain platform power but also grant procedural rights and substantive bottom lines to operators on the platform and consumers respectively in Chapters 4 and 5, aiming to balance the relationship among the three main entities in the platform economy.
To protect the independent operation rights and property rights of operators on the platform, the Measures explicitly prohibit the Platforms from using the Platform Rules to impose unreasonable restrictions on the independent business activities of operators on the platform, or to charge unreasonable fees, unreasonable liquidated damages, or compensation. The Platforms must not use the Platform Rules to force operators on the platform to bear costs such as “refund-only without return”, to subscribe to non-essential value-added services, to participate in promotional campaigns, or to engage in exclusive dealing arrangements like “choose one of two”. The Measures specifically prohibit the Platforms from forcing operators on the platform to sell below cost. This price intervention prohibition directly targets the chaos of forcing merchants into a “race to the bottom” during “platform subsidy wars”. The Platforms are prohibited from using the Platform Rules to implement repeated charges, charging fees without providing services, shifting the Platform’s own costs onto operators, charging fees for basic operational data, forcing paid promotion, or imposing unreasonable security deposits, among other unreasonable charging practices. The Measures particularly forbid the Platforms from implementing price discrimination against operators on the platform under equal trading conditions. The Measures require that clauses on liquidated damages or compensation in the Platform Rules must be reasonable in content and must not stipulate amounts “obviously exceeding reasonable levels”. When collecting such liquidated damages or fines, the Platforms must inform the operators of the calculation basis and method.
To protect consumers’ rights and interests, the Measures require the Platforms not to include unfair or unreasonable content concerning consumers in their Platform Rules. The Platforms are prohibited from using the Platform Rules to exclude or restrict consumers’ rights (e.g., the right to choose, the right to claim compensation, the right to lodge complaints, report, or initiate litigation), to diminish or exempt their own liability, to unreasonably increase consumers’ liability (e.g., setting liquidated damages/compensation exceeding statutory or reasonable amounts), to implement “big data-enabled price discrimination”, or to unilaterally and arbitrarily change the Platform Rules to the detriment of members’ rights and interests when providing membership services. The “Big data-enabled price discrimination” refers to setting differential prices or charging standards for the same product or service without the consumer’s knowledge.
Conclusion
By imbuing the Platform Rules with “due process”, the Measures construct a business ecosystem with clearer power boundaries, a fairer competitive environment, and more accessible rights relief for all market participants. For international enterprises that respect rules and focus on long-term development, the Measures present not merely compliance costs but a strategic opportunity to transform compliance advantages into brand reputation and market competitiveness.
For a long time, the Platform Rules (including user agreements, merchant management rules, dispute resolution mechanisms, intellectual property protection rules, and personal information protection rules) have functioned as the “private law” of the Platforms, with their opacity and arbitrariness frequently criticized. The Measures directly address the core of platform governance—the rules governing the rules themselves. This marks an upgrade in China’s regulatory logic from “end-point supervision” of specific transactional conduct to “source and process governance” of the Platform Rules lifecycle.
The Measures comprise 8 chapters and 47 articles, including General Provisions; Formulation, Modification, and Enforcement of Platform Rules; Information, Network and Data Security Protection; Protection of the Rights and Interests of Operators on Platforms; Protection of Consumers’ Rights and Interests; Supervision and Administration; and Legal Liability. The scope of application extends beyond traditional e-commerce platforms (e.g., Taobao, JD.com) to explicitly include online social platforms (e.g., Twitter, WeChat, LinkedIn) and online live-streaming platforms (e.g., TikTok, YouTube), demonstrating a commitment to comprehensive regulatory coverage.
Obligations and Requirements in the Process of Formulating, Modifying, and Enforcing Platform Rules
The Measures clarify the responsibilities the Platforms must fulfil during the formulation, modification, and enforcement of the Platform Rules. During the formulation and modification stages, the Measures stipulate obligations such as information disclosure, public solicitation of opinions, grace period provision, guarantee of the right to exit, archiving of historical versions, and prohibition of implied consent. The Platforms must prominently and continuously display their Platform Rules on the homepage of their websites and applications and provide a content search function. When formulating or modifying the Platform Rules, the Platforms must publicly solicit opinions, summarize the feedback received, and adopt reasonable suggestions. Under this provision, platform users (including operators and consumers on the platform) can proactively submit opinions during the early stages of formulating or amending rules such as intellectual property protection rules, thereby promoting the establishment of fairer, more reasonable complaint and handling standards that align with international practices. The Platform Rules must be publicly disclosed at least 7 days (or 15 days for significant amendments) before taking effect, and reasonable grace periods must be set for rules or amendments that may significantly impact certain users. The users who do not accept the amendments may freely exit and process refunds according to the previous version of the Platform Rules. The Platforms must completely archive and make publicly available the historical versions of their Platform Rules from the preceding three years. In practice, the users may utilize this provision to track the evolution of platform rules such as those on intellectual property, cite historical clauses favorable to their position in disputes, or expose unfairness in rule amendments. The Measures prohibit setting agreement to rules as a default option or coercively inducing user consent, unless the rule amendments are solely beneficial to the users.
During the enforcement and dispute stages, the Measures require Platforms to establish mechanisms for communication and consultation on major matters related to Platform Rules and for resolving transactional disputes on the platform. The Platforms are required to engage in regular communication and consultation through periodic meetings, forums, questionnaires, etc., regarding the formulation, modification, and enforcement of the Platform Rules involving significant interests of users, and to adopt reasonable opinions. When the Platforms impose negative measures, they must inform the users of the facts, reasons, and basis, and provide a convenient channel for appeal. If a user lodges an appeal (including against an AI determination), the Platform must promptly review the appeal and inform the appellant of the outcome in a timely manner. Based on this clause, when a Platform takes punitive measures (such as link removal) against an operator on the platform suspected of infringement, it must inform the operator of the specific infringing facts and the rules basis. The Platform Rules must not impose unreasonable restrictions on users’ right to appeal, must clearly define fair dispute resolution mechanisms and burden of proof, and prevent the abuse of Platform Rules. If a Platform entrusts a third party to enforce its Platform Rules, the Platform remains legally liable for any improper enforcement by that third party.
Transforming Statutory Information, Network, and Data Security Protection Obligations into the Platform Rules
The Measures require the Platforms to implement, through their Platform Rules, the statutory obligations assigned to them under laws such as the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, and the Law on the Protection of Minors regarding safeguarding information, network, and data security. This creates a transmission chain from national law to the Platform Rules to concrete implementation.
Regarding information content security management, the Measures require the Platforms to clearly specify information security clauses in a prominent manner within their Platform Rules, thereby regulating users’ information publishing activities. The users must not produce, reproduce, publish, or disseminate illegal or harmful information.
Regarding personal information protection, the Platforms must follow the principles of openness, fairness, and impartiality in their Platform Rules, clarifying the boundaries of rights and obligations between themselves and operators on the platform concerning the processing of personal information. This helps resolve the ambiguous areas of responsibility in practice between the Platforms and operators on issues such as “who collects, who is responsible, and how to share”, preventing mutual buck-passing.
Regarding network data security protection, the Measures require the Platform Rules to clearly define the network data security protection obligations of third-party product and service providers (e.g., ISV service providers, logistics plugins) integrated into the platform. The Platforms are prohibited from using the Platform Rules to engage in activities such as illegally processing user network data or restricting the users’ data rights and interests without justifiable reason.
To protect minors, the Measures require the Platforms with a significant number of minor users or that have a substantial impact on minor users (e.g., social e-commerce, gaming peripheral platforms) to formulate dedicated Platform Rules clarifying the obligations of operators on the platform regarding minor protection (e.g., not selling prohibited items to minors, not inducing them to make rewards), and to prominently indicate the rights to online protection afforded to minors and the avenues for relief available to them in case of online harm.
Protection of the Rights and Interests of Operators on Platforms and Consumers
The platform economy is a tripartite economic structure composed of the Platform, operators on the platform, and consumers. The Measures not only establish provisions in Chapters 2 and 3 to constrain platform power but also grant procedural rights and substantive bottom lines to operators on the platform and consumers respectively in Chapters 4 and 5, aiming to balance the relationship among the three main entities in the platform economy.
To protect the independent operation rights and property rights of operators on the platform, the Measures explicitly prohibit the Platforms from using the Platform Rules to impose unreasonable restrictions on the independent business activities of operators on the platform, or to charge unreasonable fees, unreasonable liquidated damages, or compensation. The Platforms must not use the Platform Rules to force operators on the platform to bear costs such as “refund-only without return”, to subscribe to non-essential value-added services, to participate in promotional campaigns, or to engage in exclusive dealing arrangements like “choose one of two”. The Measures specifically prohibit the Platforms from forcing operators on the platform to sell below cost. This price intervention prohibition directly targets the chaos of forcing merchants into a “race to the bottom” during “platform subsidy wars”. The Platforms are prohibited from using the Platform Rules to implement repeated charges, charging fees without providing services, shifting the Platform’s own costs onto operators, charging fees for basic operational data, forcing paid promotion, or imposing unreasonable security deposits, among other unreasonable charging practices. The Measures particularly forbid the Platforms from implementing price discrimination against operators on the platform under equal trading conditions. The Measures require that clauses on liquidated damages or compensation in the Platform Rules must be reasonable in content and must not stipulate amounts “obviously exceeding reasonable levels”. When collecting such liquidated damages or fines, the Platforms must inform the operators of the calculation basis and method.
To protect consumers’ rights and interests, the Measures require the Platforms not to include unfair or unreasonable content concerning consumers in their Platform Rules. The Platforms are prohibited from using the Platform Rules to exclude or restrict consumers’ rights (e.g., the right to choose, the right to claim compensation, the right to lodge complaints, report, or initiate litigation), to diminish or exempt their own liability, to unreasonably increase consumers’ liability (e.g., setting liquidated damages/compensation exceeding statutory or reasonable amounts), to implement “big data-enabled price discrimination”, or to unilaterally and arbitrarily change the Platform Rules to the detriment of members’ rights and interests when providing membership services. The “Big data-enabled price discrimination” refers to setting differential prices or charging standards for the same product or service without the consumer’s knowledge.
Conclusion
By imbuing the Platform Rules with “due process”, the Measures construct a business ecosystem with clearer power boundaries, a fairer competitive environment, and more accessible rights relief for all market participants. For international enterprises that respect rules and focus on long-term development, the Measures present not merely compliance costs but a strategic opportunity to transform compliance advantages into brand reputation and market competitiveness.