Metaverse Legal Compliance Report (2) E-commerce Platform Administrative Licensing

Judging from the current Metaverse project, existing products superimposed with Metaverse elements, and the use of blockchain smart contract technology to build a value exchange system may become the primary form of Metaverse. In the future, the interactive experience will be deepened based on technology and hardware equipment.

The domestic Metaverse project is still in its infancy. Metaverse, which has more e-commerce platform attributes, can enhance the immersion and interactive experience of users by establishing a digital identity system, and adding users to participate in the design of product transactions may be able to build a blue ocean beyond the traditional e-commerce internal volume. Today, Sister Sa’s legal team will first discuss the basic administrative permits required by the Metaverse e-commerce platform.

Subject qualifications and business qualifications under Internet regulatory requirements

In my country’s Internet industry, the “Telecommunication Regulations” can be described as one of the top-level designs, and the “Metaverse” e-commerce platform model will undoubtedly fall into the scope of legal supervision of telecommunications services.

Subject qualification requirements

In terms of subject qualifications, Article 13 of the “Telecommunications Regulations” and Article 6 of the “Administrative Measures for Telecommunications Business Licensing” put forward relevant requirements for value-added telecommunications business operators, and the Metaverse e-commerce platform shall comply with them. In particular, it should be noted that, according to the “Special Administrative Measures for Foreign Investment Access (Negative List) (2021 Edition)”, foreign investors can only invest in telecommunications services that China’s accession to the WTO promises to open , and the foreign shareholding ratio of value-added telecommunications services shall not exceed 50% (except e-commerce, domestic multi-party communications, store-and-forward, and call centers). The basic telecommunications business must be controlled by the Chinese party. In addition, foreign investors are also prohibited from investing in Internet news information services, online publishing services, online audio-visual program services, Internet cultural operations (except music), Internet public release information services (in the above services, except for the content that has been opened in China’s WTO commitments) ).

Business qualification requirements

ICP license

In terms of business qualifications, the “Telecommunications Regulations” and the “Telecom Services Classification Catalog” (2015 edition) put forward different requirements for different types of value-added telecommunications services.According to the “Administrative Measures for Telecommunications Business Licenses” and “Internet Information Services Administrative Measures”, the business entities of Metaverse World should provide information services to users via the Internet and shall provide information to the telecommunications management agencies of the provinces, autonomous regions, and municipalities directly under the Central Government or the information industry supervisor of the State Council. The department applies for an Internet information service value-added telecommunications business license.

A common question here is, do apps and mini programs need to apply for permission? The answer is yes . Article 5 of the State Internet Information Office’s “Administrative Regulations on Mobile Internet Application Information Services” stipulates that in order to provide information services through mobile Internet applications, relevant qualifications required by laws and regulations shall be obtained in accordance with the law. In practice, the services covered by the ICP license are based on the Internet, corresponding to information service businesses (only Internet information services); the services covered by the SP (Service Provider) license are based on non-Internet (usually mobile networks), involving service subscriptions, Inquiry, verification code issuance, etc. all need to apply for SP license.

If the main body of the Metaverse project has both the Internet and mobile application matrices such as APPs and Mini Programs, it should apply for information service (Internet only, ie ICP) and information service (excluding Internet, ie SP) licenses at the same time.

Regarding the telecommunications business that may be involved in the Metaverse e-commerce platform, according to the State Council Guofa [2015] No. 62 “Opinions of the State Council on Strengthening Interim and Ex post Supervision after the Reform of “License First, Certificate Later”, “State Council’s Cancellation and Adjustment of a Group of Administrative Decision on Approval of Projects and Other Matters” (Guo Fa [2015] No. 11), the telecommunications business license is changed to post-industrial and commercial approval items , and the local industry and commerce departments will no longer regard it as a pre-registration approval item. Applicants can apply directly Register the relevant business scope, and then go to the corresponding examination and approval department to go through the administrative licensing procedures.

EDI license

According to the “Telecom Services Classification Catalog (2015 Edition)”, B21 online data processing and transaction processing services refer to the use of various data and transaction/transaction processing application platforms connected to public communication networks or the Internet to provide services through public communication networks or the Internet. Users provide online data processing and transaction/transaction processing services. Online data processing and transaction/transaction processing services include online data processing services, transaction processing services, and network/electronic device data processing services. When actually applying for a B21 telecommunications business license, you need to individually choose which category or categories of these three types are to be handled.

Specifically, in the Metaverse e-commerce platform, whether it is the digital identity system as the basic element of the Metaverse or the value exchange system, the processing of personal data and transaction data is the basic business that constitutes the Metaverse world. Therefore, it should The operator of the Metaverse project should apply for an online data processing license.

For transaction processing business, common scenarios for transaction processing business models include B2B, C2C, and B2C. Therefore, whether it is a website, an APP, a small program, etc., as long as it meets the requirements of assisting third-party service provider partners and consumers through online platforms In this mode of transaction processing, all transactions should be handled.

In addition to the aforementioned necessary approvals, the platform usually needs to obtain corresponding specific administrative licenses based on the products sold, specific business models, and technology deployment.

The business qualifications of the platform party under the requirements of blockchain supervision

According to Article 11 of the “Regulations on the Management of Blockchain Information Services”, blockchain information service providers shall complete the filing procedures within ten working days from the date of providing services and pass the blockchain information service filing management system of the State Cyberspace Administration of China For the record.

It is especially worth noting that with the development of technology and the gradual maturity of business models, new technologies, new interaction designs and business types based on blockchain may be generated in e-commerce platforms that have been registered and operated. Therefore, if such If the new business cannot be explained into the registered service scope, it shall be reported to the national and provincial cyberspace administration offices for security assessment in accordance with relevant regulations (Article 9 of the “Regulations on the Management of Blockchain Information Services”), and relevant assessments with low qualifications may be entrusted The organization may conduct it on its own and submit a security self-assessment report through the “National Internet Security Management Service Platform” ( (“State Internet Information Office’s Announcement on the Description of “Regulations on the Management of Blockchain Information Services” Related to Security Evaluation Clauses”)

The above is today’s discussion. Thank you readers!

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