E-commerce Law of the People's Republic of China
Presidential Decree No. 7
The E-commerce Law of the People's Republic of China, adopted at the fifth session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 31, 2018, is hereby promulgated, effective January 1, 2019.
President Xi Jinping
August 31, 2018
(Adopted at the Fifth Session of the Standing Committee of the 13th National People's Congress on August 31, 2018)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is formulated for the purposes of protecting the legitimate rights and interests of various entities in e-commerce, standardising e-commerce conduct, safeguarding market order, and promoting sustainable and healthy development of e-commerce.
Article 2 This Law shall apply to e-commerce activities in the People's Republic of China.
E-commerce referred to in this Law shall mean business activities of sale of goods or provision of services through Internet and other information network.
Where the laws and administrative regulations stipulate on sale of goods or provision of services, such provisions shall prevail. This Law shall not apply to financial products and services, as well as provision of services pertaining to news information, audio and video programs, publishing and cultural products etc using information network.
Article 3 The State encourages development of new e-commerce format, innovate business model, promote research and development and promotion of application of e-commerce technologies, promote development of e-commerce creditworthiness system, create a market environment which is beneficial for innovative development of e-commerce, optimise the important role of e-commerce in promoting high-quality development, satisfying growing needs of the people for a better life and building an open economy.
Article 4 The State treats online and offline commerce activities equally, promotes online and offline integrated development, all levels of People's Governments and the relevant authorities shall not adopt discriminatory policies and measures, and shall not abuse administrative powers to eliminate or restrict market competition.
Article 5 E-commerce business operators engaging in business activities shall adhere to the principles of voluntary participation, equality, fairness and integrity, comply with laws and business ethics, participate in market competition fairly, perform the obligations of consumer rights protection, environmental protection, intellectual property protection, cyber security and protection of personal information etc, undertake product and service quality responsibilities, and accept government and public supervision.
Article 6 Relevant departments under the State Council shall, according to the division of duties, take charge of e-commerce development promotion, supervision and administration and other work. All levels of People's Government of county level and above may, based on the actual conditions of the locality's administrative region, determine division of duties between authorities in charge of e-commerce within their administrative region.
Article 7 The State establishes a collaborative administration system which satisfies e-commerce characteristics, and promotes formation of an e-commerce market governance system jointly participated by the relevant authorities, e-commerce industry organisations, e-commerce business operators, consumers etc.
Article 8 E-commerce industry organisations shall carry out industry self-governance pursuant to their articles of association, establish and improve upon industry standards, promote development of industry creditworthiness, supervise and guide business operators in the industry to participate in market competition fairly.
Chapter 2 E-commerce Operators
Section 1 General Provisions
Article 9 E-commerce business operators referred to in this Law shall mean natural persons, legal persons and unincorporated organisations that engage in business activities of sale of goods or provision of services through Internet and other information network, including e-commerce platform operators, business operators using the platform, and e-commerce business operators that sell goods or provide services through their own website or other network services.
E-commerce platform operators referred to in this Law shall mean legal persons or non-legal-person organisations that provide online business premises, transaction matching, information dissemination services etc for two or more parties in e-commerce transactions, and facilitate their independent transaction activities.
Business operators using the platform referred to in this Law shall mean e-commerce business operators selling goods or providing services through an e-commerce platform.
Article 10 E-commerce business operators shall complete market entity registration formalities pursuant to the law. However, there are exceptions where an individual sells self-produced agricultural and sideline products, or home-made handicraft products, or where an individual uses his/her own skills to engage in any labour activities for the convenience of the people or small transactions for which a license is not required according to the law, or where registration is not required according to laws or administrative regulations.
Article 11 E-commerce business operators shall perform tax payment obligations pursuant to the law, and enjoy tax incentives pursuant to the law.
E-commerce business operators who are not required to complete market entity registration formalities pursuant to the preceding Article shall, upon occurrence of tax payment obligation for the first time, complete tax registration formalities pursuant to the provisions of laws and administrative regulations on administration of tax collection, and declare and pay tax truthfully.
Article 12 E-commerce business operators who are required by law to obtain the relevant administrative licensing for their business activities shall obtain the administrative licensing pursuant to the law.
Article 13 E-commerce business operators selling goods or providing services shall comply with the requirements for protection of personal safety and property security and the requirements for environmental protection, and shall not sell or provide goods or services prohibited by laws and administrative regulations.
Article 14 E-commerce business operators selling goods or providing services shall issue proof of purchase of goods or services such as hard copy invoice or electronic invoice pursuant to the law. Electronic invoices have the same legal effect as paper invoices.
Article 15 E-commerce business operators shall display, prominently and continuously on their home page, their business licence information, administrative licensing information relating to their business operation, information that they are not required to complete market entity registration pursuant to the provisions of Article 10 of this Law, or hyperlinks of the aforesaid information.
Where there is any change in the information stipulated in the preceding paragraph, the e-commerce business operator shall promptly update and announce the information.
Article 16 Where an e-commerce business operator ceases to engage in e-commerce business, it shall announce the relevant information prominently and continuously on its home page 30 days in advance.
Article 17 E-commerce business operators shall disclose information of goods or services comprehensively, truthfully, accurately and promptly, and protect consumers' right to know and right to choose. E-commerce business operators shall not use false transactions, fabricated user review etc to conduct false or misleading business promotion, so as to defraud or mislead consumers.
Article 18 Where an e-commerce business operator provides consumers with search results for goods or services based on consumers' preference or consumption habit, it shall also provide consumers with options which are not targeted at their personal characteristics, to respect and equally protect the legitimate rights and interests of consumers.
E-commerce business operators sending advertisements to consumers shall comply with the relevant provisions of the Advertising Law of the People's Republic of China.
Article 19 E-commerce business operators bundling goods or services shall highlight prominently to consumers' attention, and shall not use bundled goods or services as default option.
Article 20 E-commerce business operators shall deliver goods or services to a consumer in accordance with the method and deadline committed or agreed with the consumer, and bear the risks and liability for goods transportation. However, there is an exception where consumers choose express logistics service providers separately.
Article 21 Where an e-commerce business operator collects a deposit from a consumer as agreed, it shall clearly state the method and procedures for refund of deposit, and shall not impose unreasonable conditions for refund of deposit. Where a consumer applies for refund of deposit and satisfies the criteria for refund of deposit, the e-commerce business operator shall promptly refund.
Article 22 Where an e-commerce business operator has market dominance due to its technological advantages, number of users, control over the relevant industries, and other business operators' reliance on the said e-commerce business operator in terms of transactions etc, the e-commerce business operator shall not abuse its market dominance position to eliminate or restrict competition.
Article 23 E-commerce business operators collecting and using personal information of their users shall comply with the provisions of laws and administrative regulations on protection of personal information.
Article 24 E-commerce business operators shall state clearly the method and procedures for enquiry, correction and deletion of user information as well as for user account cancellation, and shall not impose unreasonable conditions for enquiry, correction and deletion of user information as well as for user account cancellation.
Upon receipt of an application filed by a user for consulting, correcting or deleting its information, the e-commerce operator concerned shall, after verifying the user's identity, promptly provide such information or correct or delete the information of the user in a timely manner. Where a user closes the account, the e-commerce business operator shall forthwith delete the user's information; where the laws and administrative regulations stipulate or both parties have agreed on retention of information, such provisions shall prevail.
Article 25 E-commerce operators shall provide relevant e-commerce data information if they are required to do so by relevant competent departments pursuant to the provisions of laws and administrative regulations. The relevant competent authorities shall adopt the requisite measures to protect the security of data information provided by e-commerce business operators, and shall keep strict confidentiality for personal information, privacy and commercial secrets therein, and shall not divulge, sell or provide such information illegally to others.
Article 26 E-commerce operators engaging in cross-border e-commerce shall comply with laws and administrative regulations on supervision and administration of importation and exportation, and the relevant provisions of the State.
Section 2 Operators of E-commerce Platforms
Article 27 An operator of an e-commerce platform shall require business operators that apply to sell commodities or provide services on its platform to submit truthful information, including the identity, address, contact and administrative licensing, verify and register such information, establish registration files, and check and update them on a regular basis.
E-commerce platform operators providing services for non- business users who enter the platforms for sale of goods or provision of services shall comply with the relevant provisions of this Section.
Article 28 E-commerce platform operators shall submit identity information of business operators using their platform, to the market supervision and administration authorities pursuant to the provisions, remind business operators which have not completed market entity registration formalities to complete registration formalities, and based on e-commerce characteristics, cooperate with the market supervision and administration authorities in providing convenience for business operators who should complete market entity registration formalities.
E-commerce platform operators shall submit identity information of business operators using their platform and tax-related information to the tax authorities pursuant to the provisions of laws and administrative regulations on administration of tax collection, and shall remind e-commerce business operators who are not required to complete market entity registration formalities pursuant to the provisions of Article 10 of this Law to complete tax registration formalities pursuant to the provisions of the second paragraph of Article 11 of this Law.
Article 29 Where information about any commodity or service is found out by the operator of an e-commerce platform to be in violation of Article 12 or 13 herein, it shall take necessary measures according to the law and report the same to the relevant competent department.
Article 30 An operator of an e-commerce platform shall take technical measures and other necessary measures to guarantee the safe and stable operation of its network, prevent illegal or criminal activities committed on the network, effectively respond to cybersecurity incidents, and guarantee the security of e-commerce transactions.
E-commerce platform operators shall formulate cyber security incident contingency plans, and forthwith activate the contingency plans upon occurrence of a cyber security incident, adopt the corresponding remedial measures, and report to the relevant competent authorities.
Article 31 E-commerce platform operators shall record and retain information of goods and services and transaction information published on their platforms, and ensure the integrity, confidentiality and availability of such information. The information of goods and services and transaction information shall be retained for not less than three years from completion of transaction; where the laws and administrative regulations stipulate otherwise, such provisions shall prevail.
Article 32 E-commerce platform operators shall adhere to the principles of transparency, fairness and equitableness, formulate platform service agreement and transaction rules, and specify the rights and obligations pertaining to entering and exiting the platform, quality assurance for goods and services, consumer rights protection, protection of personal information etc.
Article 33 E-commerce platform operators shall continuously announce, prominently and continuously on their home page, the information on the platform service agreement and transaction rules or the hyperlinks of the aforesaid information, and ensure that the business operators and the consumers can read and download such information conveniently and fully.
Article 34 E-commerce platform operators amending the platform service agreement and transaction rules shall seek public opinions prominently on their home page, and adopt reasonable measures to ensure that the relevant parties can express their opinions promptly and adequately. The revision contents shall be announced at least seven days prior to implementation.
Where a business operator using the platform does not accept the revised contents and requests to exit the platform, the e-commerce platform operator shall not stop the business operator, and shall bear the relevant liability in accordance with the pre-revision service agreement and transaction rules.
Article 35 E-commerce platform operators shall not make use of their service agreement, transaction rules and technology etc to impose unreasonable restrictions or unreasonable conditions on transactions of the business operators using the platform carried out on the platform, the transaction price and transactions with other business operators, or collect unreasonable fees from the business operators using the platform.
Article 36 E-commerce platform operators implementing measures such as warning, suspension or termination of services etc pursuant to the platform's service agreement and the transaction rules for business operators using the platform who have violated laws and regulations shall promptly make an announcement.
Article 37 An operator of an e-commerce platform that has its own business on its platform shall distinguish its own business with noticeable labels from that of other operators on its platform, and shall not mislead consumers.
An operator of an e-commerce platform shall bear the civil liability as a commodity seller or a service provider in accordance with the law for the business marked as self-operated.
Article 38 Where an e-commerce platform operator is or should be aware that the goods sold or the services provided by a business operator using the platform do not comply with the requirements for protection of personal safety or property security, or it commits any act which harms the legitimate rights and interests of consumers, but it fails to adopt the requisite measures, it shall bear joint and several liability with the said business operator using the platform pursuant to the law.
For goods or services which relate to the life and health of consumers, where an e-commerce platform operator does not perform the obligation of verifying the qualification of the business operator using the platform, or does not perform the safety protection obligation towards consumers, causing the consumer to suffer damages, it shall bear the corresponding liability pursuant to the law.
Article 39 E-commerce platform operators shall establish and improve upon their creditworthiness evaluation system, announce their creditworthiness evaluation rules, and provide an avenue for consumers to evaluate the goods sold or services provided on their platform.
E-commerce platform operators shall not delete reviews by consumers on the goods sold or services provided on their platform.
Article 40 E-commerce platform operators shall display search results for goods or services to consumers via various methods in accordance with the price, sales, creditworthiness etc of the goods or services; for goods or services ranked according to bids, the word "advertisement" shall be stated prominently.
Article 41 E-commerce platform operators shall establish rules for intellectual property protection, strengthen cooperation with intellectual property right holders, and protect intellectual property pursuant to the law.
Article 42 Where an intellectual property right holder asserts that its intellectual property is being infringed, it shall have the right to notify the e-commerce platform operator to adopt the requisite measures such as deleting, shielding or removing the hyperlink, terminating transaction and services etc. The notice shall include the preliminary evidence for the infringement.
Upon being notified, the e-commerce platform operator shall promptly adopt the requisite measures, and shall forward the notification to the business operators using the platform; where the e-commerce platform operator fails to adopt the requisite measures promptly, it shall bear joint and several liability with the business operator using the platform for the escalated portion of the damages.
Where a notification mistake causes the business operator using the platform to suffer damages, civil liability shall be borne pursuant to the law. Where the notification mistake is made maliciously and the business operator using the platform suffers losses as a result thereof, the intellectual property right holder shall bear double compensation liability.
Article 43 Upon receipt of the forwarded notification, the business operator using the platform may submit a statement of non- infringement to the e-commerce platform operator. The statement shall include the preliminary evidence of non- infringement.
Upon receipt of the declaration, the e-commerce platform operator shall forward the declaration to the intellectual property holder which issues the notification, and notify the intellectual property holder that it may lodge a complaint with the relevant competent authorities or file a lawsuit with a People's Court. Where the e-commerce platform operator is not notified, within 15 days from forwarding the statement to the intellectual property right holder, that the intellectual property right holder has lodged a complaint or filed a lawsuit, it shall promptly terminate the measures adopted.
Article 44 E-commerce platform operators shall promptly announce notification, declaration and handling outcome stipulated in Article 42 and Article 43 of this Law.
Article 45 Where an operator of an e-commerce platform knows or should have known that an operator on its platform has infringed any intellectual property right, it shall take necessary measures, such as deleting or blocking relevant information, disconnecting relevant links, and terminating transactions and services; otherwise, it shall be held jointly liable with the infringer.
Article 46 Except for the services stipulated in the second paragraph of Article 9 of this Law, e-commerce platform operators may, pursuant to the platform service agreement and transaction rules, provide warehousing, logistics, payment and settlement, delivery and receipt services etc for e-commerce between the business operators. E-commerce platform operators providing services for e-commerce between the business operators shall comply with laws, administrative regulations and the relevant provisions of the State, and shall not carry out transactions by way of centralised transaction methods such as centralised bidding, market maker etc, and shall not carry out standardised contract transactions.
Chapter 3 Conclusion and Performance of E-commerce Contracts
Article 47 The provisions of this Chapter and the General Rules of Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Electronic Signature Law of the People's Republic of China etc shall apply to conclusion and performance of contracts by e-commerce participants.
Article 48 E-commerce participants using automated information system to conclude or perform contracts shall be legally binding on the parties using the said system.
E-commerce participants shall be deemed to possess the corresponding civil capacity. However, there is an exception that can be overturned by evidence to the contrary.
Article 49 Where the information on goods or services announced by an e-commerce business operator satisfies the criteria for an offer, the contract shall be deemed established if the user selects the said goods or services and submits an order. Where the parties agree otherwise, such agreement shall prevail.
E-commerce business operators shall not use template clauses etc to stipulate that a contract is not established after a consumer makes payment; where the template clauses contain such contents, the contents shall be invalid.
Article 50 E-commerce business operators shall notify users of the steps for conclusion of contract, points to note, download method etc in a clear, complete and specific manner, and ensure that the users are able to read and download conveniently and fully.
E-commerce business operators shall ensure that a user may correct input error prior to submission of an order.
Article 51 Where the subject matter of contract is delivery of goods and the goods are delivered via express courier, the date of acknowledgement receipt shall be the date of delivery. Where the subject matter of contract is provision of services, the date stated in the generated electronic certificate or physical certificate shall be the date of delivery; where the aforesaid certificate does not state the date or the date stated does not match the date of actual provision of services, the date of actual provision of services shall be the date of delivery.
Where the subject matter of a contract is delivered by means of online transmission, the time of entry of the subject matter into a specific system designated by the other party and its retrieval capability of identification shall be the time of delivery.
Where the parties to the contract agree otherwise on delivery method or delivery time, such agreement shall prevail.
Article 52 E-commerce participants may agree on delivery of goods via express courier service.
Express courier service providers providing Express courier services for e-commerce transactions shall comply with laws and administrative regulations, and shall comply with the committed service specifications and deadline. When an express courier service provider delivers goods, it shall remind the consignee to inspect on the spot; where the goods are received on behalf of the consignee, the consent of the consignee is required.
Express courier service providers shall use environmental friendly packaging materials pursuant to the provisions, and achieve minimisation and reuse of packaging materials.
While offering express logistics services, the providers thereof may be entrusted by e-commerce operators to collect payments for goods on a commission basis.
Article 53 E-commerce participants may agree on using electronic payment method to make payment.
Electronic payment service providers providing electronic payment services for e-commerce transactions shall comply with the provisions of the State, notify users of the functions of electronic payment services, method of use, things to note, the relevant risks and fee rates etc, and shall not impose unreasonable transaction conditions. Electronic payment service providers shall ensure that the instructions for electronic payments are complete, consistent, traceable, auditable, and unchangeable.
Electronic payment service providers shall provide account reconciliation services and transaction records of the past three years to users free of charge.
Article 54 Electronic payment service providers providing electronic payment services which do not comply with the relevant administrative requirements of the State on payment security and cause users to suffer losses shall bear compensation liability.
Article 55 Before sending out a payment instruction, a user shall check the amount, the beneficiary and other information involved in the payment instruction.
Where there is an error in a payment instruction, the electronic payment service provider shall promptly investigate the reason, and adopt the relevant measures to make correction. Where the error causes the user to suffer losses, the electronic payment service provider shall bear compensation liability, except where it can be proven that the error in the payment instruction is not caused by the electronic payment service provider.
Article 56 Upon completion of electronic payment by the electronic payment service provider, it shall provide information on payment confirmation to the user promptly and accurately in accordance with the agreed method.
Article 57 Users shall keep their security tools such as trading passwords, electronic signature data, etc properly. Where a user finds that his/her security tools are lost, stolen or that an unauthorized payment is made, he/she shall promptly notify the electronic payment service provider.
Losses arising from an unauthorised payment shall be borne by the electronic payment service provider; where the electronic payment service provider is able to prove that the unauthorised payment is due to the user's fault, it shall not be held liable.
When an electronic payment service provider discovers an unauthorised payment or is notified by a user of an unauthorised payment, it shall forthwith adopt measures to prevent further losses. Where the electronic payment service provider does not promptly adopt measures to prevent the losses from escalating, it shall be liable for the portion of losses which has escalated.
Chapter 4 E-Commerce Dispute Resolution
Article 58 The State encourages e-commerce platform operators to establish a quality assurance mechanism for goods and services which is conducive to e-commerce development and consumer rights protection.
Where an e-commerce platform operator agrees with the business operators using the platform on establishment of consumer rights security deposit, both parties shall specifically agree on withdrawal amount, management, use and refund of consumer rights security deposit etc.
Where a consumer requests that the e-commerce platform operator bear compensation liability in advance, and that the e-commerce platform operator seeks, after compensation, recourse from the business operator using the platform, the relevant provisions of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests shall apply.
Article 59 E-commerce business operators shall establish convenient and effective complaint and reporting mechanisms, announce information on complaint and reporting methods, promptly accept and handle complaints and reports.
Article 60 E-commerce disputes may be resolved via negotiation and settlement, mediation by a consumer organisation, an industry association or any other mediation organisation established pursuant to the law, lodgement of complaint or arbitration to the relevant authorities, or filing of lawsuit etc.
Article 61 In the event of a dispute between a consumer purchasing goods or receiving services on an e-commerce platform and a business operator using the platform, the e-commerce platform operator shall actively assist the consumer to protect his/her legitimate rights and interests.
Article 62 When handling an e-commerce dispute, the e-commerce operator shall provide the original contract and transaction records. Where the aforesaid materials are lost, forged, altered, destroyed or concealed by the e-commerce business operator or the e-commerce business operator refuses to provide, and the People's Court, arbitration organisation or the relevant agency is thus unable to ascertain the facts, the e-commerce business operator shall bear the corresponding legal liability.
Article 63 E-commerce platform operators may establish an online dispute resolution mechanism, formulate and announce dispute resolution rules, and resolve disputes between litigants fairly and equitably in accordance with voluntary participation principle.
Chapter 5 Promotion of E-commerce
Article 64 The State Council and the People's Governments of provinces, autonomous regions and centrally-administered municipalities shall include e-commerce development in their national economic and social development planning, formulate scientific and reasonable industry policies, and promote innovative development of e-commerce.
Article 65 The State Council, local People's Governments of county level and above and their relevant departments shall adopt measures to support and promote green packaging, warehousing and transportation, and promote green development of e-commerce.
Article 66 The State promotes development of e-commerce infrastructure and logistics network, improves upon e-commerce statistics system, and strengthens development of e-commerce standards system.
Article 67 The State promotes application of e-commerce in various areas of national economy, and supports integrated development of e-commerce and various industries.
Article 68 The State promotes Internet technology application for agricultural production, processing, circulation phases etc, encourages various social resources to strengthen cooperation, promotes development of rural e-commerce, and optimises the role of e-commerce in precise poverty alleviation.
Article 69 The State safeguards security of e-commerce transactions, protects user information in e-commerce, encourages development and application of e-commerce data, and ensures orderly and free circulation of e-commerce data pursuant to the law.
The State adopts measures to promote establishment of a public data sharing mechanism, and promotes utilisation of public data by e-commerce business operators pursuant to the law.
Article 70 The State supports creditworthiness evaluation organisations established pursuant to the law to conduct e-commerce creditworthiness evaluation, and provide e-commerce creditworthiness evaluation services to the public.
Article 71 The State promotes cross-border e-commerce development, establishes and improves upon administrative systems pertaining to Customs, tax, inbound and outbound inspection and quarantine, payment settlement which correspond to characteristics of cross-border e-commerce, improves the level of facilitation of various phases in cross-border e-commerce, and supports cross-border e-commerce platform operators etc to provide warehouse logistics, Customs declaration, inspection declaration services etc for cross-border e-commerce transactions.
The State shall support small and micro enterprises to engage in cross-border e-commerce.
Article 72 The importation and exportation administrative authority of the State shall promote the establishment of an integrated service and regulatory system for Customs declaration, tax payment, inspection and quarantine and other phases in cross-border e-commerce transactions, optimise regulatory processes, promote and materialise information sharing, mutual recognition of regulation, and mutual assistance in law enforcement, and improve service and regulatory efficiency for cross-border e-commerce transactions. Cross-border e-commerce business operators may complete the relevant formalities with the importation and exportation administrative authority of the State using electronic documentation.
Article 73 The State promotes and establishes exchange and cooperation with different countries and regions for cross-border e-commerce, participates in formulation of international rules for e-commerce, and promotes international mutual recognition for electronic signature, electronic identity etc.
The State promotes establishment of dispute resolution mechanism for cross-border e-commerce between different countries and regions.
Chapter 6 Legal Liabilities
Article 74 E-commerce business operators selling goods or providing services who do not perform contractual obligations, or whose performance of contractual obligations does not satisfy the agreement, or cause others to suffer damages shall bear civil liability pursuant to the law.
Article 75 E-commerce business operators who violate the provisions of Article 12 and Article 13 of this Law in engaging in business activities without the relevant administrative licensing, or selling commodities or services prohibited by laws and administrative regulations, or failing to perform the obligation of providing information stipulated in Article 25 of this Law, or e-commerce platform operators who violate the provisions of Article 46 of this Law in carrying out transactions by way of centralised transaction methods, or carrying out transactions using standardised contracts, shall be punished pursuant to the provisions of the relevant laws and administrative regulations.
Article 76 E-commerce business operators who violate the provisions of this Law in committing any of the following acts shall be ordered by the market supervision and administration authorities to make correction within a stipulated period, and may be subject to a fine of not more than RMB10,000; e-commerce platform operators among them shall be punished pursuant to the provisions of the first paragraph of Article 81 of this Law:
1. failing to make public, in a prominent position on its homepage, its business license information, administrative licensing information, circumstances in which it is not necessary to make a market entity registration, or any link marks for the aforesaid information;
2. failing to continuously publish relevant information about the termination of e-commerce in a prominent position on the homepage; or
3. failing to expressly indicate the methods and procedures for consulting, correcting and deleting users' information and deregistering users' accounts, or setting unreasonable conditions for the possibility to consult, correct or delete users' information or deregister users' accounts.
E-commerce platform operators who fail to adopt the requisite measures on business operators using their platform which violate the provisions of the preceding paragraph shall be ordered by the market supervision and administration authorities to make correction within a stipulated period, and may be subject to a fine ranging from RMB20,000 to RMB100,000.
Article 77 E-commerce business operators who provide search results in violation of the provisions of the first paragraph of Article 18 of this Law, or who bundle goods or services in violation of the provisions of Article 19 of this Law, shall be ordered by the market supervision and administration authorities to make correction within a stipulated period, illegal income shall be confiscated, and a fine ranging from RMB50,000 to RMB200,000 may be imposed; in serious cases, a fine ranging from RMB200,000 to RMB500,000 shall be imposed.
Article 78 E-commerce business operators who violate the provisions of Article 21 of this Law and fail to state the method and procedures for refund of deposit, or impose unreasonable conditions for refund of deposit, or fail to refund deposit promptly shall be ordered by the relevant competent authorities to make correction within a stipulated period, and may be subject to a fine ranging from RMB50,000 to RMB200,000; in serious cases, a fine ranging from RMB200,000 to RMB500,000 shall be imposed.
Article 79 E-commerce business operators who violate the provisions of laws and administrative regulations on protection of personal information, or who fail to perform the cyber security protection obligations stipulated in Article 30 of this Law and the relevant laws and administrative regulations shall be punished pursuant to the provisions of the Cyber Security Law of the People's Republic of China and related laws and administrative regulations.
Article 80 An operator of an e-commerce platform shall be ordered to make corrections within the required time limits by the competent authority if it commits any of the following acts; if it fails to make corrections within the required time limits, it shall be subject to a fine of more than CNY20,000 but less than CNY100 ,000; where the case is serious, it shall be ordered to suspend business for rectification and be subject to a fine of more than CNY100 ,000 but less than CNY500,000.
1. failing to perform the obligation of verification and registration prescribed in Article 27 of this Law;
(II) fail to report relevant information to the market supervision and administration departments and tax departments in accordance with Article 28 hereof;
3. failing to take necessary measures to deal with illegalities as stipulated in Article 29 of this Law, or failing to report to the relevant department in charge;
(IV) failing to perform the obligation to keep information about goods and services and that about transactions, as stipulated in Article 31 of this Law.
Where the laws and administrative regulations stipulate otherwise on punishment for illegal acts stipulated in the preceding paragraph, such provisions shall prevail.
Article 81 E-commerce platform operators who violate the provisions of this Law in committing any of the following acts shall be ordered by the market supervision and administration authorities to make correction within a stipulated period, and may be subject to a fine ranging from RMB20,000 to RMB100,000; in serious cases, a fine ranging from RMB100,000 to RMB500,000 shall be imposed:
1. failing to keep the platform service agreement and transaction rules or the links to the above information in a prominent position on the platform's homepage;
(II) failing to publicly solicit public comments on the proposed amendments to transaction rules at a prominent position on the homepage, or announce the proposed amendments before the stipulated deadline, or preventing operators on the platform from exiting the platform;
3. failing to distinguish its own business with noticeable labels from that of other business operators on its platform; or
(IV) failing to provide consumers with channels to make comments on the goods sold or services provided on the platform, or arbitrarily deleting consumers' comments.
E-commerce platform operators who violate the provisions of Article 40 of this Law in failing to state prominently "advertisement" for goods or services ranked according to bids shall be punished pursuant to the provisions of the Advertising Law of the People's Republic of China.
Article 82 E-commerce platform operators which violate the provisions of Article 35 of this Law in imposing unreasonable restrictions or unreasonable conditions on transactions of the business operators using the platform carried out on the platform, the transaction price and transactions with other business operators, or collecting unreasonable fees from the business operators using the platform, shall be ordered by the market supervision and administration authorities to make correction within a stipulated period, and may be subject to a fine ranging from RMB50,000 to RMB500,000; in serious cases, a fine ranging from RMB500,000 to RMB2 million shall be imposed.
Article 83 E-commerce platform operators which violate the provisions of Article 38 of this Law in failing to adopt the requisite measures on a business operator using the platform who has infringed upon the legitimate rights and interests of consumers, or failing to perform the obligation of verifying the qualification of the business operator using the platform, or failing to perform the safety protection obligation towards consumers, shall be ordered by the market supervision and administration authorities to make correction within a stipulated period, and may be subject to a fine ranging from RMB50,000 to RMB500,000; in serious cases, the e-commerce platform operator shall be ordered to suspend operation and make correction and be subject to a fine ranging from RMB500,000 to RMB2 million.
Article 84 E-commerce platform operators which violate the provisions of Article 42 and Article 45 of this Law in failing to adopt the requisite measures pursuant to the law against a business operator using the platform who has committed intellectual property infringement shall be ordered by the relevant intellectual property administrative authorities to make correction within a stipulated period; where correction is not made within the stipulated period, a fine ranging from RMB50,000 to RMB500,000 shall be imposed; in serious cases, a fine ranging from RMB500,000 to RMB2 million shall be imposed.
Article 85 E-commerce business operators who violate the provisions of this Law in selling goods or providing services that do not comply with the requirements for protection of personal safety and property security, or carrying out unfair competition such as false or misleading commercial promotion, etc, abusing market dominance position, or infringing upon intellectual property, consumer rights etc shall be punished pursuant to the provisions of the relevant laws.
Article 86 E-commerce business operators who violate the provisions of this Law shall be recorded in the creditworthiness files pursuant to the provisions of the relevant laws and administrative regulations, and be announced.
Article 87 Where any functionary of the authority that is responsible for e-commerce supervision and administration under the law neglects his or her duties, abuses his or her power, plays favoritism and commits irregularities, or divulges, sells or illegally provides others with any personal information, privacy or trade secrets accessed during the performance of duties, he or she shall be investigated for legal liability in accordance with the law.
Article 88 For violation of the provisions of this Law which constitute a violation of public security administration, the offender shall be subject to public security administration punishment pursuant to the law; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
第七章 附 则
Chapter 7 Supplementary Provisions
Article 89 This Law shall come into force as of January 1, 2019.
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