CHAPTER 26 · 11 SOURCE ENTRIES

Building a Compliant Platform

做一个网站或平台：资质、备案和服务器

[← 回总目录](../README.md) 你想做一个网站或者 App。本节回答四件事：它在法律上算哪种生意，要办哪张证，服务器放在哪里，用户在上面发的东西和收的钱谁来负责。口径是人身自由与金钱。条目的顺序是：先写会坐牢的，再写要先办证的，然后是平台每天都要做的事，最后一条是选服务器的经验，那条只能给判断、给不出数字。你是受雇的技术人员，红线见第 11 节。公司怎么注册、怎么报税，见第 12 节，本节不重复。各类证的对照表和选服务器的决策表，见 [docs/做平台要办哪些证.md](../docs/做平台要办哪些证.md)。

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26-001

Evidence AfreedomSource-sensitive

Platforms must never collect payments themselves and then transfer them to sellers; funds must be settled directly via a licensed payment institution.

平台不要自己收钱再转给卖家，让钱走持牌支付机构直接结算

If a platform first receives buyer payments into its own account and then forwards them to sellers, it is effectively operating a payment business. Running such a business requires explicit approval from the People’s Bank of China as well as a minimum registered capital of 100 million RMB, paid in cash. Operating without this approval leads to immediate shutdown, confiscation of all earnings, heavy fines, and personal penalties for owners and responsible staff; in severe cases, criminal charges may also apply. The only safe approach is to ensure that no funds ever land in the platform’s account.

Open the low-ROI detour

Move “Platforms must never collect payments themselves and then transfer them to sellers; funds must be settled directly via a licensed payment institution.” to Future Me's calendar

One more exception feels free because the bill arrives outside the current scene.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-002

Evidence AfreedomSource-sensitive

Paid websites require a license; platforms that facilitate transactions need a different type of permit; free sites only need to be registered.

收费的网站多数要许可证，自己卖货不让别人入驻的不用，撮合交易的是另一类许可，免费的只要备案

Websites that charge users must first obtain a Value-Added Telecommunications Business License. This license is issued solely to companies; individuals cannot apply for it. Free websites, on the other hand, only need to be registered, and this process incurs no fees. Operating a paid website without the proper license may result in confiscation of revenues, fines, or even closure. This section does not determine whether your platform falls under the category of transaction-facilitating services; the reasoning is explained in the notes.

Open the low-ROI detour

Move “Paid websites require a license; platforms that facilitate transactions need a different type of permit; free sites only need to be registered.” to Future Me's calendar

I can spend longer deciding whether to start than the small action would take.

Today I keep a little money, a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-003

Evidence AfreedomSource-sensitive

Obtaining a license for online cultural activities is required to run live streams; private companies rarely qualify for the permit needed to distribute audiovisual content

做直播要网络文化经营许可证，做视听节目的那张证民营基本拿不到

To host live streams or game commentary sessions, you must secure a provincial-level Online Cultural Activities License that explicitly lists “online performances” among its permitted activities. Approval is granted within 20 days, and the license stays valid for three years. All recorded streams must be retained for a minimum of 60 days. Operating without this license results in immediate suspension, warnings, and fines up to 30,000 RMB; repeat offenders face inclusion on a cultural industry blacklist. A separate permit is required to distribute audiovisual content online, and only state-owned or state-controlled organizations may qualify for it.

Open the low-ROI detour

Move “Obtaining a license for online cultural activities is required to run live streams; private companies rarely qualify for the permit needed to distribute audiovisual content” to Future Me's calendar

The routine already works until the day the source says it may not.

Today I keep a little money, a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-004

Evidence AfreedomSource-sensitive

Servers placed in China must be registered; ISPs must hold a value-added telecom license

服务器放境内就要备案，接入商必须自己持有增值电信许可

If you host a server inside China, you must register it before launching your website. Registration itself costs nothing and is handled alongside the server setup at your provider; it generally takes a few days to weeks. Failure to register results in a mandatory deadline to rectify the issue, followed by a fine of 10,000 RMB; continued non-compliance leads to site shutdown. Additionally, failing to display the registration number on your homepage incurs a penalty ranging from 5,000 to 50,000 RMB.

Open the low-ROI detour

Move “Servers placed in China must be registered; ISPs must hold a value-added telecom license” to Future Me's calendar

There is no immediate alarm, so the sensible choice can wait for a less busy week.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-005

Evidence AfreedomSource-sensitive

Requiring sellers to join the platform means the platform must verify identities, register data, report information, and retain records for three years

让用户上来卖东西，平台就要核验登记、报送信息、留存三年

If you allow third parties to sell goods on your platform, you must first verify their identity, address, contact details, and business licenses, then add them to your registration records. After setting up these records, you must re-verify seller information at least every six months. You must also report seller details to market regulators and submit tax-related data quarterly. All product and transaction records must be retained for three years. Failure to comply with any of these requirements results in a mandatory rectification order; if ignored, fines ranging from 20,000 to 100,000 yuan apply.

Open the low-ROI detour

Move “Requiring sellers to join the platform means the platform must verify identities, register data, report information, and retain records for three years” to Future Me's calendar

Future Me has a clearer calendar, more patience, and apparently the same responsibilities.

Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off

26-006

Evidence AfreedomSource-sensitive

You must regulate user-generated content: moderation mechanisms, reporting portals, and immediate takedown plus reporting of illegal material

用户发的内容你要管：审核机制、举报入口、发现违法立即停传并报告

Platforms are legally responsible for any issues arising from user content. You must set up a full system: user registration, post and comment moderation, daily monitoring, and clear procedures for handling incidents. Place a prominent reporting link on your site. When illegal content is found, immediately stop its distribution, document everything, and report it to authorities. Failure to do so can result in fines ranging from 50,000 to 500,000 yuan, with even harsher penalties for serious violations.

Open the low-ROI detour

Move “You must regulate user-generated content: moderation mechanisms, reporting portals, and immediate takedown plus reporting of illegal material” to Future Me's calendar

If I do not open the notes, no new task has technically appeared.

Today I keep a little money, a few minutes, a bit of persistence and avoid interrupting my default routine.

Read the source and trade-off

26-007

Evidence AfreedomSource-sensitive

Providing information publishing and instant messaging services requires users to provide authentic identity information

提供信息发布、即时通讯服务，必须要求用户提供真实身份信息

If your website allows posting or chatting, you must collect users’ real identity details at sign-up. Those who refuse to provide such information cannot be allowed to use the service. The recommended approach is to store the real name in the backend and let users pick their own nickname; phone number verification is sufficient for this purpose. Failure to enforce real-name policies results in mandatory corrective orders. Persistent violations attract fines ranging from 50,000 to 500,000 yuan, and may even lead to site shutdowns.

Open the low-ROI detour

Move “Providing information publishing and instant messaging services requires users to provide authentic identity information” to Future Me's calendar

One more exception feels free because the bill arrives outside the current scene.

Today I keep a little money, a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-008

Evidence AfreedomSource-sensitive

No live streaming accounts may be created for anyone under 16; tipping limits are set by age group

不给未满 16 周岁的人开直播，打赏按年龄分档处理

People younger than 16 cannot sign up for a live streaming account on this platform. Those aged 16 or older must have their identity verified and must also obtain permission from a parent or other guardian. Tipping is restricted based on age: children under 8 are not allowed to tip at all; those aged 8–16 may tip only with guardian consent; and anyone over 16 may tip only with guardian consent or proof of income. If a minor spends money without a guardian’s approval, the guardian can request a refund, and a court is required to grant it. A total of 2020 such cases have been reported to date.

Open the low-ROI detour

Move “No live streaming accounts may be created for anyone under 16; tipping limits are set by age group” to Future Me's calendar

I can spend longer deciding whether to start than the small action would take.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-009

Evidence AmoneySource-sensitive

Respond promptly to infringement notices; restore content after 15 days if no response

接到侵权通知要及时处理，转送声明后 15 日没有下文就恢复

If someone sends you an infringement notice with preliminary evidence, you must promptly delete, block, or remove the relevant content and forward the notice to the seller. Failing to act in time means you and the seller will be jointly liable for any additional losses incurred. After receiving the seller’s defense, forward it to the claimant and wait 15 days. If the claimant files no complaint or lawsuit during this period, you can restore the content.

Open the low-ROI detour

Move “Respond promptly to infringement notices; restore content after 15 days if no response” to Future Me's calendar

The routine already works until the day the source says it may not.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-010

Evidence AfreedomSource-sensitive

Personal information must not be casually transferred overseas; legal conditions and thresholds apply

用户信息不要随手放到境外，出境有法定条件和人数门槛

Transferring personal information of Chinese users to servers abroad constitutes a cross-border data transfer. Simply hosting servers overseas does not mean the data stays within China. There are four approved pathways for such transfers: a security assessment by the Cyberspace Administration, certification by authorized agencies, signing a standard contract, or compliance with other legal provisions. You must also disclose to users who receives their data, what it will be used for, and obtain their explicit consent for this specific purpose.

Open the low-ROI detour

Move “Personal information must not be casually transferred overseas; legal conditions and thresholds apply” to Future Me's calendar

There is no immediate alarm, so the sensible choice can wait for a less busy week.

Today I keep a few minutes and avoid interrupting my default routine.

Read the source and trade-off

26-011

Evidence CmoneySource-sensitive

When picking a server, first consider how much downtime you can tolerate, then check whether there’s any support available, and only then compare prices.

选服务器先看停机能不能忍，再看有没有人运维，最后才比价

The main difference among these three options isn’t price — it’s what resources you’ll have at hand when something goes wrong. Big providers offer registration pathways, publish their credentials, issue outage notices, and include compensation clauses in their contracts, so help is readily available. Smaller vendors may charge half as much, but they often over‑sell capacity, disappear without notice, or get cut off by upstream providers; in such cases you won’t know who to turn to. For static websites that contain no user data, a cheap VPS costing just a few dozen yuan is perfectly adequate.

Open the low-ROI detour

Move “When picking a server, first consider how much downtime you can tolerate, then check whether there’s any support available, and only then compare prices.” to Future Me's calendar

Future Me has a clearer calendar, more patience, and apparently the same responsibilities.

Today I keep a little money, a few minutes and avoid interrupting my default routine.

Read the source and trade-off

Source snapshot: a994b6a0c90598b0fe15cb837343f438dbf7b95d. Every original stays available in Chinese alongside the English edition.