The Electricity Business Law Has Been Implemented For Half A Month: Only 37.5% Of The 40 Platform Users Have Written Off.

Has the electricity business law been implemented for half a month, has the situation been changed before the account canceling hard business platform?

In this regard, in January 15th, the Electronic Commerce Research Center (WeChat ID:i100ec) conducted an account cancellation evaluation for retail electricity providers, life service providers, cross-border electricity providers, and financial technology 10 mainstream platforms. The results showed that only 15 of the 40 e-commerce platform APP had "page cancellation" options, with only 37.5% reaching the target.

(thematic link: http://www.100ec.cn/zt/dsqq/)

In July 2018, a survey of 2002 respondents by the China Youth newspaper social survey center joint questionnaire showed that 75.9% of respondents had encountered APP accounts difficult to write off, and 62.9% of respondents worried that APP account cancellation could not lead to account theft.

For users, registration of a App account is often very simple, but when you no longer use the account to write off, you will find it a lot harder.

Not only are some of the APP's cancellation entries indistinct, and they have many prerequisites, and are even required to provide multiple certificates.

At the same time, the privacy leakage and security risks that can not be cancelled can cause many people to worry.

The e-commerce law, which was formally implemented in January 1st this year, clearly stipulates that the business operators must express the way users write off and do not set unreasonable conditions when they write off.

So, before the account cancellation hard business platform, has the situation been changed?

In order to have a better understanding of the cancellation of APP accounts in various fields, the Electronic Commerce Research Center (100EC.CN) has evaluated 10 mainstream platforms, including retail electricity providers, life service providers, cross-border electricity providers and financial science and technology.

The business platform of life service includes: American group, hungry, Baidu Nuomi, barley, Ctrip, flying pig, hornet nest, where to go, eLong, and dripping; cross-border electronic business platforms are: NetEase koala, Xiaohong book, Amazon China, ocean wharf, baby grid, honey bud, Xixiu network, West collection network, temple library, Premier League sea scouring; financial science and technology platform are: staged music, phasing, excellent phasing, pat making loan, love rice, Alipay, Guo Fu Bao, Alipay wallet, China Construction Bank, Shenzhen commercial bank, and Bank of China smart shopping. The survey shows that retail e-commerce platforms are: Taobao, Jingdong and suning.com.

Interpretation 1: "easy to embark, difficult to ship" only 15 platforms have page cancellation options, saying goodbye is not easy.

According to the results of the e-commerce research center, only 15 of the 40 platforms surveyed have page cancellation options, mainly for Taobao, Jingdong, suning.com, vip.com, mogujie.com, American group, hungry, Baidu Nuomi, where to go, eLong, dripping trip, NetEase koala, temple library, Alipay and wallet. Among them, Jingdong can only be cancelled at the computer side, Dangdang, barley net, Ctrip, eLong, Amazon China, ocean wharf, baby grid, West collection network and pat loan need to be cancelled through customer service.

It is difficult to cancel accounts in financial technology platform, and only 5 can choose to cancel and cancel the most difficult conditions.

Among them, only Alipay and Baidu wallet have page canceling.

Life service e-commerce platform account cancellation is the most perfect. In each of the 10 platforms selected, the platform can be cancelled. However, in most cases, it is not easy to log off when entering the cancellation process, the audit time is long, the process is cumbersome, and finally it can only unbind the handheld number, but in essence, it does not achieve the true sense of cancellation.

In response, Fang Chaoqiang, a research fellow at the electronic commerce research center and lawyer of Beijing Ying Ke (Hangzhou) law firm, said that the website version is the same as the App side platform, and the accounts are the same. In view of the individual's view, whether the web page is canceled or App is cancelled, it is not illegal to set up the one end cancellation only by determining the "one end cancellation".

According to the provisions of the twenty-fourth section of the electronic commerce act, there are two major points to be considered for whether the user account cancellation method and procedure of the platform are compliant. 1. is it clear whether the user knows clearly how to cancel it, and whether 2. has set unreasonable conditions.

Fang Chaoqiang further explained that, on the first point, if the platform only set up a web page cancellation, it did not expressly indicate the way and procedure to cancel the web page at the App client.

As for the second point, it is not yet clear which behaviors are unreasonable, but personally, it should be determined by the convenience of registered accounts.

The cancellation procedure can only be set up through the customer service cancellation platform.

In response, Dong Yizhi, a special researcher of e-commerce research center and lawyer of Shanghai Yida law firm, said that according to the existing laws and administrative regulations, APP should provide account cancellation service for users.

From a legal point of view, first of all, the beginning and end of APP services should be agreed with the parties. The service contents include information records for the parties' accounts, which can be seen in the right of GDPR's oblivion. There is no need to prove that its use is illegality. Users can request to delete data information.

The second is the question of data usage. Can users' personal data be kept secret?

I think everyone has an answer to this question.

The privacy issue involved in personal data has been increasing frequently in recent years. Should such human rights be protected? There is no doubt about the answer.

Interpretation two: account information is difficult to log back behind the user information leakage into the focus of complaints

The major accounts are hard to write off, and only 37.5% of the figures are behind the figures, resulting in many consequences, laying a hidden danger for users' information leakage, and becoming a major focus and "big trouble" of online shopping complaints.

According to the third party's "e-commerce consumer dispute mediation platform" (315.100ec.cn), which has been running for nearly ten years, the big data of consumer disputes cases of the national electricity supplier platform received in 2018, it is concluded that information leakage has become one of the hotspots of complaints. Meanwhile, network fraud and refund problems caused by user information leakage are emerging one after another. In this evaluation, especially in financial technology and cross-border e-commerce platform.

According to the public media reports and the "e-commerce consumer dispute mediation platform" complaints case shows, after the "little red book" shopping information was leaked, received self proclaimed "customer service personnel" call, in the case of "compensation package", the amount of money being cheated.

Even consumers are not only cheated to cause economic losses, but also cheated by the inducement, opened the ant borrowing, millet finance, and phased lending platform.

Xiao Hong responded that the information was leaked from other links such as third party businesses or express delivery in the platform, and the company has already processed the alarm after receiving the user's response in March.

According to Meng Huixin, assistant analyst at the Department of legal rights and interests of the electronic commerce research center, according to the provisions of the forty-second section of the network security act, the network operators should not disclose personal information collected, and they should take necessary measures to ensure the safety of personal information collected.

In this case, Xiao Hong book can not just attribute the responsibility of disclosing user information to the third party, and consumers still have the right to know whether they have taken necessary protective measures. If the small red book's security measures are not in place, it leads to the leakage of internal or external third party theft, it should also bear certain legal liability for its negligence.

In addition, in July 31, 2018, due to the existence of imperfect user information management system and inadequate remedial measures for personal information leakage in Shanghai ocean wharf Network Technology Co., Ltd., the network security administration of the Ministry of industry and Commerce interviewed the company and ordered the enterprises to rectify the deadline.

At the same time, in August 18, 2018, Mr. Zhang received a call from love and Mi customer service telephone to help cancel the account and pfer the amount of cash withdrawal. According to the operation, the interest rate was 128 yuan after paying 6400 yuan of Baoan Yi Hua cash withdrawal. Let Mr. Zhang present WeChat, he needs to send his personal WeChat payment code.

But Mr. Zhang found that there was a problem and there was no pfer.

The cheater, who claimed to be a customer service officer, then threatened Mr. Zhang and gave out his cell phone number, identity card, family contact phone number and school information.

As a result, Mr. Zhang believed that the information was leaked, and then telephoned the official customer service of AI and MI. Customer service refused to disclose the information, and could not cancel the account.

In addition, Mr. Zhang also said that when the original registration time only used the mobile phone registration, the ID card information and the school information appeared, and how AI Mi Mi got my information through the phone number is worth discussing.

Why can not write off the account, it is easy to bring information leakage and other security risks and other issues?

In this regard, Meng Huixin, assistant analyst at the Department of legal rights and interests of the electronic commerce research center, said that because of the software belonging to the consumer type in the electronic business platform APP, the order records produced during the usual use process contained a large amount of personal information, for example, the order of takeaway APP was recorded in detail, including the names, telephone numbers and addresses of consumers. If the cancellation can not be completely eliminated, it is easy to bury potential safety hazards.

In addition, Meng Huixin also said that consumers could not even change their mobile phone contacts because they could not cancel their accounts. Even now, many APP can provide consumers with the function of untying cell phone numbers. The main reason is that after a period of time, the mobile phone number will still be re activated by the operator for two times. If the new user logs in with the mobile phone verification code, he can see all the order information of the original user of the mobile phone number.

Interpretation three: write off the account "make the stumble" in the final analysis is the commercial interest.

The registered account is "easy" to cancel the account.

The registration of electronic business platform accounts follows the principle of voluntariness, and cancellation is also true. Technically speaking, this is not difficult. Why are there so many obstacles in the APP setting up, to do everything possible to cancel accounts for consumers?

In this regard, Dong Yizhi said that this phenomenon needs to see the essential dislocation between users' needs and the needs of APP operators. The demand of operators lies in the volume of traffic, user volume and data. The account information collected by the three parties is obviously inconsistent with the demand of app. Users want to achieve this goal, and there are three possible ways for APP operators: encouragement, moral evaluation and punishment. The most direct, direct and effective way is the punishment method, which is obviously not enough for the first laws and regulations and precedents.

In this regard, if lawyers want to change social prejudices and truly assume social status, they should raise public interest litigation and genuinely protect everyone's rights.

In addition, Fang Chao said, usually in the registration account, users click on the registration protocol, privacy policy and other agreement documents, there are user authorization platform collection, use of user personal information content.

The platform can optimize the operation and layout by means of massive user information collection and analysis.

Once the account is canceled, it means that it is not fair and proper to collect and use personal information.

In addition, the downloads of App, the number of users and the daily number of daily live data are all the good operation of the platform, whether there is an important indicator of growth, the value of the company, the stock price and so on.

At present, the users of the unit are not cheap. For the platform, the stock users can not afford to lose.

For these reasons, platforms always do not want users to log off their accounts.

At the same time, Meng Huixin believes that in the final analysis, the commercial interests are acting on one side. On the one hand, the APP user volume is an important indicator of the scale of the operation of the e-commerce platform, and ensures the long-term stable operation of the platform. On the other hand, for the platform, the user traffic is the basis for the analysis of the background big data. Without the user, the development of the platform is even impossible. Finally, for investors, each user is valuable in the capital market. In the financing process, the number of users is often an important bargaining chip of the Internet Co.

Taking all these factors into consideration, it is necessary for the platform to raise the threshold of cancellation so that users can get away from difficulties and ensure the stability of the number of users.

In addition, in the regulations on the protection of personal information in telecommunications and Internet users, the Internet platform requires that Internet information services should provide users with the service of canceling numbers or accounts, and clearly stipulates the penalty provisions. Offenders can "impose a fine of more than ten thousand yuan or less than thirty thousand yuan".

However, in the past few years, there has been little punishment for the Internet platform.

The latest act closest to punishment is in January 11th of this year. The Ministry of industry and Commerce has interviewed several Internet Co about the violation of user privacy. It calls for strengthening supervision and testing of Internet service information collection and usage rules, account cancellation and other links. Once discovered, it will be dealt with severely and exposed to society.

But Meng Huixin said that compared with the huge profit prospects, the punishment is obviously far from enough.

Interpretation four: APP account cancellation system is perfect, finally need platform consciousness.

In view of the problem that many network software accounts can not be cancelled, the forty-third provision of the People's Republic of China network security law stipulates that individuals find that network operators violate the provisions of laws or administrative regulations or the parties' agreement to collect and use their personal information. They have the right to require network operators to delete their personal information, and find that their personal information collected and stored by the network operators is wrong, and they have the right to require the network operators to correct them.

Network operators should take measures to delete or correct.

At the same time, the Ministry of Telecommunications's "Regulations on the protection of personal information of telecommunications and Internet users" stipulates that after the users terminate the use of telecommunication services or Internet information services, the telecom operators and Internet information providers should stop collecting and using the personal information of users, and provide users with services to cancel numbers or accounts.

In addition, the e-commerce law, implemented in January 1st this year, will also give priority to consumer protection. It will also promote more benign and orderly development of the electricity supplier industry.

The twenty-fourth provision of the "electricity business law" stipulates that an electronic business operator shall explicitly indicate the way and procedure of user information inquiry, correction, deletion and user cancellation, and shall not set unreasonable conditions for user information inquiry, correction, deletion and user cancellation.

When an electronic business operator receives an application for user information inquiry or correction or deletion, it shall provide timely enquiry, correction or deletion of user information after verification of identity.

If the user canceling, the electronic business operator shall immediately delete the information of the user; in accordance with the provisions of the laws, administrative regulations or the two sides agreed to save, according to the provisions.

In response, Meng Huixin, assistant analyst at the Department of legal rights and interests of the electronic commerce research center, said that service providers should take the initiative to provide customers with cancellation services to achieve self perfection. In the face of huge profit prospects, enterprises often need to shoulder more social responsibilities. Administrative supervision and punishment can only relieve the itch temporarily, and improve the APP account cancellation system. Finally, the platform needs to be self-consciously.

In addition, Dong Yizhi, a research fellow at the China Electronic Commerce Research Center and lawyer of Shanghai Yida law firm, said that many of the platforms can do a lot. The key lies in whether they are willing to do so. Whether they are willing to do or not, the efficiency or the way will be greatly improved, such as reducing the steps of account cancellation, eliminating unnecessary steps and improving the efficiency of auditing.

It is important to note that since APP itself has different service matters, it can not be considered that all troubles are unreasonable because of the procedure of cancellation of accounts. However, APP should point out the meaning and reason of the procedure. Why is there no alternative method for face recognition?

Secondly, is it necessary to introduce the third party supervision and inspection to improve the platform cancellation system? Once again, because the cancellation system has not been sufficiently watched in the past, does it require the platform to set up a testing standard on its own, and is it brave enough to let the cancelled users make comments and tests?

Dong Yizhi believes that the platform can do a lot, after weighing the pros and cons to make changes, it also means that the state of vested interests will be adjusted. Then, for the existing state, especially monopoly enterprises, it is not inevitable for them to leave the comfort zone without interest. (Meng Huixin, assistant director of legal rights and interests Department of the electronic commerce research center)