GB/T 40094.1-2021Electronic commerce data transaction—Part 1: Criteria (English PDF)
电子商务数据交易 第1部分：准则
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Issued by
SAMR; SAC
Level / Type
National · Recommended
Issue date
May 21, 2021
Implementation date
December 1, 2021
Scope
GB/T 40094.1-2021 is the English-translated version of 电子商务数据交易 第1部分：准则.
GB/T 40094.1-2021 is the first part of the Chinese series on electronic commerce data transactions and sets out the criteria for trading data on e-commerce platforms.
It identifies the participants, namely platform operators, the transaction subjects that provide or acquire data and payment service providers, and states the qualifications, technical conditions and duties of each, with reference to GB/T 31524-2015.
Traded data has to be obtained through legal channels, exclude private information protected by law, match its description on the platform as required by GB/T 40094.2-2021 and comply with data quality standards such as ISO 8000.
The document also covers transaction methods such as data package transactions, the procedures from data review to contract, delivery and settlement, and the rules for handling disputes. It was issued on 21 May 2021 and has applied since 1 December 2021.
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Document preview — GB/T 40094.1-2021
National Standard of the People's Republic of China
- ICS
- 35.240.01
- Classification
- A 10
Issued by: State Administration for Market Regulation; Standardization Administration of the PRC
Contents
- Foreword3
- 1 Scope5
- 2 Normative references5
- 3 Terms, definitions and abbreviations5
- 4 Participants in the transaction6
- 5 Transaction data9
- 6 Transaction methods9
- 7 Transaction procedures and rules10
- 8 Dispute handling rules12
- Bibliography13
1 Scope
This Part of GB/T 40094 specifies the transaction participants, transaction data, transaction methods, transaction procedures and rules, and dispute handling rules in electronic commerce data transactions.
This Part is applicable to the activities and behaviors of the data transaction platform under the electronic commerce model to carry out data transaction business.
2 Normative references
The following referenced documents are indispensable for the application of this document. For dated references, only the edition cited applies. For undated references, the latest edition of the referenced document (including any amendments) applies.
GB/T 31524-2015, Specification of operations and technology for electronic commerce platform
GB/T 35409-2017, Specification for auditing qualification of merchants on E-commerce platform
GB/T 36073, Data management capability maturity assessment model
GB/T 36344, Information technology - Evaluation indicators for data quality
GB/T 40094.2-2021, Electronic commerce data transaction - Part 2: Data description specification
ISO 8000 (all parts), Data quality
3 Terms, definitions and abbreviations
3.1 Terms and definitions
For the purposes of this document, the following terms and definitions apply.
3.1.1 Data
the reinterpretable formal representation of information to be suitable for […]
4 Participants in the transaction
4.1.1 Transaction participants mainly include e-commerce data transaction platform operators (hereinafter referred to as "platform operators"), transaction subjects and payment service providers.
4.1.2 Platform operators provide transaction, financial, information and other services related to data transactions for transaction subjects. The behavior of other transaction participants shall be monitored to ensure the safety, reliability and fairness of the transaction.
4.1.3 Transaction subjects and payment service providers participating in data transactions shall be qualified by the platform operator. Sign contracts with each other to clarify mutual relations and rights and obligations.
4.1.4 Payment service providers shall cooperate with platform operators to provide financial services. They are responsible for providing supervision and guarantee for the flow of data transaction funds as required by the contract.
4.2 Transaction platform operators
4.2.1 Qualifications and operating conditions
The qualifications and operating conditions of the platform operator shall comply with the provisions of 5.1 of GB/T 31524-2015. The following conditions shall also be met, including but not limited to:
a) Have the ability to provide data circulation and transaction venues, facilities and services;
b) If engaging in data transactions is subject to national laws and regulations or regulations of relevant departments, administrative permits shall be obtained, and relevant permits shall be obtained in accordance with the law.
4.2.2 Technical requirements for platform operation
The transaction platform provided by the platform operator shall meet the following requirements, including but not limited to:
a) The platform operation technology complies with the relevant regulations in Chapter 10 of GB/T 31524-2015;
b) Other relevant technical requirements comply with national laws and regulations and relevant national standards.
4.2.3 Qualification review of transaction subjects
The platform operator verifies that the qualification of the transaction subject meets the following requirements, including but not limited to: […]
4.4 Payment service providers
The requirements of payment service providers shall comply with the relevant regulations in Chapter 8 of GB/T 31524-2015.
5 Transaction data
The transaction data specified in this part is original or processed digital information. Transaction data shall meet the following requirements, including but not limited to:
a) Comply with national laws and regulations. Do not involve private information protected by laws and regulations and data that laws and regulations explicitly prohibit transactions;
b) Obtain through legal channels. The rights to the data are clear and undisputed;
c) Comply with the relevant data quality regulations in ISO 8000 (all parts), GB/T 36073 and GB/T 36344;
d) The data itself is consistent with the data description information on the platform and meets the requirements of GB/T 40094.2-2021.
6 Transaction methods
The data transaction methods that the platform can provide include but are not limited to:
a) Data package transaction. The data provider uploads or copies the data to the platform. […]
7 Transaction procedures and rules
7.4 Transaction implementation
The data provider and the data demander reach a contract to complete the process of price payment and data delivery. Transaction implementation requirements include but are not limited to:
a) The data demander selects data that meets the conditions of the offer. After completing the payment of the data price, the contract is established;
b) The data demander can complete the data price payment through the payment service provider. Other payment methods negotiated with the data provider can also be used;
c) The data provider shall deliver data to the data demander in strict accordance with the contract, and ensure that the delivered data is consistent with the data purchased by the data demander;
d) Both parties to the transaction subject shall ensure the security of the data delivery process.
7.5 Transaction settlement
After the data demander completes the data download, call, or use permission or after the end of the data delivery period, the settlement between the data provider and the payment service provider is completed. Transaction settlement requirements include but are not limited to:
a) The data demander shall complete the data download, call or use authority within the specified time limit;
b) The data provider shall complete the settlement of the data price in accordance with the provisions of the contract;
c) The payment service provider shall provide settlement services for data providers in accordance with the provisions of the contract. […]
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This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 15 pages — is available in the English PDF.
Referenced standards
Normative references
- GB/T 31524-2015Specification of operations and technology for electronic commerce platform
- GB/T 35409-2017Specification for auditing the qualifications of merchants on e-commerce platforms
- GB/T 36073Data management capability maturity assessment model
- GB/T 36344Information technology—Evaluation indicators for data quality
- GB/T 40094.2-2021Electronic commerce data transaction—Part 2: Data description specification
ISO 8000
Similar standards
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Related Standards
GB/T 31524-2015 — Specification of operations and technology for electronic commerce platform
GB/T 35409-2017 — Specification for auditing the qualifications of merchants on e-commerce platforms
GB/T 36073-2018 — Data management capability maturity assessment mode
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