Does the business credit management agency label the enterprise information as “risk” constitute reputation infringement?

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Does the business credit management agency label the enterprise information as “risk” constitute reputation infringement?

1. The services of enterprise credit bureaus are of a public nature
Business credit service agencies collect publicly available corporate information. On the one hand, they do not use technologies such as providing mirror images that are explicitly prohibited by public websites, which does not violate national prohibitions, and their collection behavior is not illegal collection behavior;
On the other hand, the enterprise credit information service provided by credit service agencies facilitates the public to obtain enterprise information in a timely manner, reduces the cost of information collection, alleviates the market dilemma of delayed commercial information and asymmetric information, improves the transparency, efficiency and security of transactions, helps to strengthen the social supervision of enterprises, promotes the construction of a social credit system, and achieves individual interests while at the same time, It also promotes the public interest. Therefore, the credit investigation services provided by credit investigation institutions according to law should affirm their social value.
2. The integration and release of corporate information of credit bureaus should be reasonable and legal
The enterprise information service provided by the credit investigation agency should ensure the legitimacy of the source and the accuracy of the content. As far as this case is concerned, although Company A does not constitute reputation infringement, it does exist that the classification of the client’s section is not concise enough, the remarks are not perfect enough, and the information query is not convenient enough, which is easy to cause disputes.
For such problems, the enterprise credit information service platform should further optimize the service products, start with improving transparency and ease of use, streamline and integrate the client section, improve the tips and instructions, reduce the probability of disputes, and better assume social responsibility.
3. Enterprises have the obligation of information disclosure
According to the Company Law, the company shall consciously accept the supervision of the government and the public. China officially promulgated the Interim Regulations on Enterprise Information Disclosure and a series of related supporting provisions on October 1, 2014, marking the establishment of a new regulatory model with information disclosure as the means and credit supervision as the core.
Therefore, as a commercial subject, Company B should tolerate its corporate information being disclosed in accordance with the law, and be queried and understood by the public. Of course, if the enterprise believes that there are errors and omissions in the information, it can raise objections to the credit investigation platform or the information provider, and if it believes that its legitimate rights and interests have been infringed, it can complain to the relevant departments or Sue the people’s court.

 


Post time: Nov-14-2023

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