E-commerce Law of the People's Republic of China
(Adopted at the Fifth Meeting of the Standing Committee of the Thirteenth National People's Congress on August 31, 2018)
Table of Contents
Chapter 1 General Rules
Chapter II: E-commerce Operators
Section 1 General Provisions
Section 2 E-commerce platform operators
Chapter III: Conclusion and Performance of E-commerce Contracts
Chapter IV: E-commerce Dispute Resolution
Chapter 5: Promotion of E-commerce
Chapter 6: Legal Liability
Chapter VII Supplementary Provisions
Chapter 1 General Rules
Article 1 This Law is enacted in order to protect the legitimate rights and interests of all parties in e-commerce, regulate e-commerce behavior, maintain market order, and promote the sustainable and healthy development of e-commerce.
Article 2 This Law applies to e-commerce activities in the People's Republic of China.
The term "e-commerce" as used in this Law refers to the business activities of selling goods or providing services through information networks such as the Internet.
Where laws and administrative regulations have provisions on the sale of goods or the provision of services, such provisions shall apply. Financial products and services that use information networks to provide services such as news information, audio and video programs, publishing, and cultural products are not subject to this law.
Article 3. The state encourages the development of new forms of e-commerce, innovates business models, promotes the development and promotion of e-commerce technology, promotes the establishment of an e-commerce integrity system, creates a market environment conducive to the development of e-commerce innovation, and gives full play to the promotion of high quality It plays an important role in developing, meeting the people's increasing needs for a better life, and building an open economy.
Article 4: The state treats online and offline business activities on an equal footing, and promotes online and offline integration and development. People's governments at all levels and relevant departments must not adopt discriminatory policies and measures, and must not abuse administrative power to exclude or restrict market competition.
Article 5 In conducting business activities, e-commerce operators shall abide by the principles of voluntariness, equality, fairness, and integrity, abide by laws and business ethics, participate in market competition fairly, and perform consumer rights protection, environmental protection, intellectual property protection, network security and Responsibility for personal information protection, etc., assume product and service quality responsibility, and accept government and social supervision.
Article 6 Relevant departments of the State Council are responsible for the promotion and supervision of e-commerce development according to the division of responsibilities. Local people's governments at or above the county level may determine the division of responsibilities of the e-commerce departments within their respective administrative regions based on the actual conditions of their respective administrative regions.
Article 7: The state establishes a coordinated management system that complies with the characteristics of e-commerce, and promotes the formation of an e-commerce market governance system in which relevant departments, e-commerce industry organizations, e-commerce operators, and consumers participate together.
Article 8: The e-commerce industry organization shall carry out industry self-discipline in accordance with the Articles of Association of the Organization, establish and improve industry standards, promote the construction of industry integrity, and supervise and guide the industry operators to participate in market competition fairly.
Chapter II: E-commerce Operators
Section 1 General Provisions
Article 9 The e-commerce operators referred to in this Law refer to natural, legal and unincorporated organizations engaged in the business of selling goods or providing services through information networks such as the Internet, including e-commerce platform operators, operators within the platform, and through An e-commerce operator who builds a website or other online service to sell goods or provides services.
The e-commerce platform operator mentioned in this law refers to a legal person or unincorporated organization that provides online business premises, transaction matching, and information release services for both parties or multiple parties in e-commerce for the parties or parties to independently conduct transaction activities.
The term "operators in the platform" as used in this Law refers to e-commerce operators who sell goods or provide services through e-commerce platforms.
Article 10: E-commerce operators shall go through registration of market entities in accordance with law. However, individuals selling self-produced agricultural and sideline products and household handicraft products, individuals using their own skills to engage in convenient labor activities and sporadic small transaction activities that do not require a license according to law, and those that do not need to be registered in accordance with laws and administrative regulations, are excluded.
Article 11: E-commerce operators shall perform their tax obligations in accordance with the law and enjoy tax benefits in accordance with the law.
E-commerce operators that do not need to register with market entities in accordance with the provisions of the preceding article shall apply for tax registration in accordance with the provisions of tax collection management laws and administrative regulations after the first tax liability has occurred, and truthfully declare and pay taxes.
Article 12: If an e-commerce operator engages in business activities and needs to obtain relevant administrative licenses according to law, it shall obtain administrative licenses in accordance with law.
Article 13: The goods sold or services provided by e-commerce operators shall comply with the requirements for protecting personal and property safety and environmental protection requirements, and shall not sell or provide goods or services forbidden to be traded by laws or administrative regulations.
Article 14: When an e-commerce operator sells goods or provides services, it shall issue paper purchase receipts or service receipts or service documents in accordance with the law. Electronic invoices have the same legal effect as paper invoices.
Article 15 E-commerce operators shall continuously publicize business license information, administrative licensing information related to their business operations, and other information that does not require registration of market entities in accordance with Article 10 of this law, or link ID for the above information.
If the information specified in the preceding paragraph changes, the e-commerce operator shall update the public information in a timely manner.
Article 16 (1) If an e-commerce operator terminates its e-commerce business on its own, it shall continue to publicize relevant information on a prominent position on the homepage 30 days in advance.
Article 17 (1) E-commerce operators shall fully, truthfully, accurately and timely disclose information on goods or services to protect consumers ’right to know and choose. An e-commerce operator shall not use false or misleading business propaganda to deceive or mislead consumers by means of fictitious transactions or fabrication of user reviews.
Article 18 If an e-commerce operator provides consumers with search results of goods or services based on characteristics such as hobbies, consumption habits, etc., it shall also provide the consumer with options that do not target their personal characteristics, respect and protect consumption on an equal basis. Legal rights.
When an e-commerce operator sends advertisements to consumers, it shall abide by the relevant provisions of the Advertising Law of the People's Republic of China.
Article 19: E-commerce operators who tie up goods or services shall notice consumers in a prominent way, and shall not use the goods or services as a default consent option.
Article 20: An e-commerce operator shall deliver goods or services to consumers in the manner and time limit agreed with the consumer, and shall bear the risks and responsibilities in the transportation of goods. However, except where consumers choose another express logistics service provider.
Article 21: Where an e-commerce operator collects a deposit from consumers in accordance with a contract, it shall clearly indicate the manner and procedure for deposit refund, and shall not set unreasonable conditions for deposit refund. If a consumer applies for a refund of the deposit and meets the conditions for the refund of the deposit, the e-commerce operator shall return it in a timely manner.
Article 22 E-commerce operators who dominate the market due to their technical advantages, number of users, control over related industries, and the degree of dependence of other operators on the e-commerce operator in transactions shall not be abused The market dominates and excludes and restricts competition.
Article 23: The e-commerce operators shall collect and use the personal information of their users in compliance with the laws and administrative regulations regarding the protection of personal information.
Article 24: E-commerce operators shall clearly indicate the methods and procedures for user information inquiry, correction, deletion, and user logout, and shall not set unreasonable conditions for user information inquiry, correction, deletion, and user logout.
When an e-commerce operator receives an application for inquiry or correction or deletion of user information, it shall promptly provide inquiry or correction or deletion of user information after verifying its identity. If the user cancels the information, the e-commerce operator shall immediately delete the user's information; if it is stored in accordance with the provisions of laws, administrative regulations, or both parties' agreement, the provisions shall be followed.
Article 25 (1) Where relevant authorities require e-commerce operators to provide relevant e-commerce data and information in accordance with the laws and administrative regulations, the e-commerce operators shall provide them. Relevant competent departments shall take necessary measures to protect the security of data and information provided by e-commerce operators, and keep personal information, privacy and business secrets strictly confidential, and shall not disclose, sell or illegally provide them to others.
Article 26: E-commerce operators engaging in cross-border e-commerce shall abide by the laws, administrative regulations and relevant state regulations of import and export supervision and management.
Section 2 E-commerce platform operators
Article 27 Operators of e-commerce platforms shall require operators who apply to enter the platform to sell goods or provide services to submit their true information such as their identity, address, contact information, administrative licenses, etc. for verification, registration, establishment of registration files, and periodic verification Update.
Operators of e-commerce platforms shall provide services to non-operating users who enter the platform to sell goods or provide services, and shall abide by the relevant provisions of this section.
Article 28 The operator of an e-commerce platform shall report the identity information of the operator in the platform to the market supervision and management department in accordance with the regulations, prompt the operator who has not completed the registration of the market entity to register in accordance with the law, and cooperate with the market supervision and management department to The characteristics of commerce provide convenience for operators who should register as market entities.
Operators of e-commerce platforms shall report to the tax authorities the identity information of the operators in the platform and tax-related information in accordance with the provisions of the tax collection management laws and administrative regulations, and shall indicate that they do not need to handle the market in accordance with Article 10 of this Law. The e-commerce operator registered by the entity shall handle tax registration in accordance with the provisions of Article 11, paragraph 2 of this Law.
Article 29: If an operator of an e-commerce platform finds that the goods or service information in the platform violates the provisions of Articles 12 and 13 of this Law, it shall take necessary measures in accordance with the law and report to the relevant competent authority.
Article 30: Operators of e-commerce platforms shall take technical measures and other necessary measures to ensure the security and stable operation of their networks, prevent illegal and criminal activities on the network, effectively respond to cyber security incidents, and ensure the security of e-commerce transactions.
Operators of e-commerce platforms shall formulate emergency plans for cyber security incidents. When cyber security incidents occur, they shall immediately launch emergency plans, take corresponding remedial measures, and report to the relevant competent authorities.
Article 31: The operator of an e-commerce platform shall record and keep information on the goods and services and transaction information published on the platform, and ensure the integrity, confidentiality and availability of the information. Goods and services information and transaction information shall be kept for not less than three years from the date of completion of the transaction; if otherwise provided by laws and administrative regulations, such provisions shall be followed.
Article 32 Operators of e-commerce platforms shall follow the principles of openness, fairness and impartiality, formulate platform service agreements and transaction rules, and clearly enter and exit the platform, guarantee the quality of goods and services, protect consumer rights and interests, and protect personal information. Rights and obligations.
Article 33: The operator of the e-commerce platform shall continuously publicize the platform service agreement and transaction rule information or the link identification of the above information in a prominent position on the homepage, and ensure that the operator and consumers can conveniently and completely view and download.
Article 34: When an operator of an e-commerce platform revises the platform service agreement and transaction rules, it shall publicly solicit opinions on a prominent position on its homepage, and take reasonable measures to ensure that the parties concerned can fully and timely express their opinions. The amendments shall be publicized at least seven days before implementation.
If the operators in the platform do not accept the amendments and request to withdraw from the platform, the operators of the e-commerce platform shall not stop them and shall bear relevant responsibilities in accordance with the service agreement and transaction rules before the modification.
Article 35 Operators of e-commerce platforms shall not use service agreements, trading rules, and other techniques to unreasonably restrict or add unreasonable restrictions on the transactions, transaction prices, and transactions with other operators on the platform. Reasonable conditions, or charging unreasonable fees to the operators in the platform.
Article 36: Operators of e-commerce platforms shall, in accordance with the platform service agreement and transaction rules, implement warnings, suspension or termination of services, etc., in violation of laws and regulations by the operators in the platform, shall promptly publicize them.
Article 37 (1) Where an operator of an e-commerce platform engages in self-employed business on its platform, it shall distinguish between the self-operated business and the business carried out by the operator in the platform in a distinctive manner, and shall not mislead consumers.
The operator of the e-commerce platform shall bear the civil liability of the seller of the goods or service provider for the business marked as self-operated according to law.
Article 38 The operator of an e-commerce platform knows or should know that the goods sold or services provided by the operators in the platform do not meet the requirements for protecting personal and property safety, or have infringed upon the legitimate rights and interests of consumers and failed to take necessary measures. , Undertake joint and several liabilities with the operators in the platform according to law.
For goods or services related to consumers' life and health, the operators of e-commerce platforms fail to fulfill their obligations to review the qualifications of the operators in the platform, or fail to fulfill their security guarantee obligations to consumers, causing consumer damage in accordance with the law. Responsibility.
Article 39: Operators of e-commerce platforms shall establish and improve credit evaluation systems, publicize credit evaluation rules, and provide consumers with a way to evaluate the products sold or services provided on the platform.
Operators of e-commerce platforms shall not delete consumers' evaluations of the goods sold or services provided on their platforms.
Article 40 The operator of an e-commerce platform shall display the search results of the goods or services to consumers in various ways according to the price, sales volume, credit, etc. of the goods or services; for the goods or services ranked by auction, it shall be marked clearly with "Advertising" .
Article 41: Operators of e-commerce platforms shall establish rules for the protection of intellectual property rights, strengthen cooperation with intellectual property rights holders, and protect intellectual property rights in accordance with law.
Article 42: If the intellectual property right holder believes that his intellectual property rights have been infringed, he has the right to notify the operator of the e-commerce platform to take necessary measures such as deletion, blocking, disconnection, termination of transactions and services. The notice should include preliminary evidence of infringement.
After receiving the notification, the operator of the e-commerce platform shall take necessary measures in a timely manner and forward the notification to the operators in the platform; if the necessary measures are not taken in a timely manner, the enlarged part of the damage shall bear joint and several liability with the operator in the platform.
If the operator in the platform is damaged due to the wrong notification, he shall bear civil liability according to law. If the wrong notification is issued in bad faith and causes losses to the operators in the platform, they shall be liable for compensation.
Article 43 After receiving the notification of the transfer, the operators in the platform may submit a statement to the e-commerce platform operator that there is no infringement. The statement should include preliminary evidence of non-infringement.
After receiving the statement, the operator of the e-commerce platform shall forward the statement to the holder of the intellectual property right who has issued the notification, and inform him that he or she may lodge a complaint with the competent authority or sue in a people's court. The operator of the e-commerce platform shall terminate the measures taken in a timely manner if no notice of complaint or prosecution has been received from the owner of the intellectual property right within 15 days of the transfer of the statement.
Article 44: The operator of an e-commerce platform shall promptly publicize the notifications, declarations and processing results received in accordance with Articles 42 and 43 of this Law.
Article 45 If an operator of an e-commerce platform knows or should know that the operators in the platform infringe intellectual property rights, it shall take necessary measures such as deletion, blocking, disconnection, termination of transactions and services; if it does not take necessary measures, it shall contact the infringer Jointly and severally liable.
Article 46 In addition to the services provided in paragraph 2 of Article 9 of this Law, operators of e-commerce platforms may provide warehousing, logistics, payment settlement, and delivery of e-commerce between operators in accordance with the platform service agreement and transaction rules. Collection services. Operators of e-commerce platforms that provide services for e-commerce between operators shall abide by laws, administrative regulations and relevant state regulations. They shall not use centralized trading methods such as centralized bidding and market makers, and shall not conduct standardized contract transactions.
Chapter III: Conclusion and Performance of E-commerce Contracts
Article 47 (1) The parties to e-commerce conclude and execute contracts, and the provisions of this chapter and the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, and the Electronic Signature Law of the People's Republic of China are applicable.
Article 48: The use of an automatic information system by an e-commerce party to conclude or perform a contract has legal effect on the party using the system.
The parties are presumed to have corresponding capacity for civil conduct in e-commerce. However, except where there is sufficient evidence to the contrary.
Article 49: If the information on the goods or services issued by the e-commerce operator meets the conditions of the offer, the user selects the goods or services and submits the order successfully, and the contract is established. If the parties agree otherwise, their agreement shall prevail.
An e-commerce operator may not stipulate that the contract is not established after the consumer pays the price in terms of format terms, etc. If the format terms, etc. contain this content, its content is invalid.
Article 50: E-commerce operators shall clearly, comprehensively and clearly inform users of the steps, precautions, downloading methods, etc. of entering into contracts, and ensure that users can conveniently and completely view and download.
E-commerce operators should ensure that users can correct input errors before submitting an order.
Article 51: Where the subject matter of the contract is the delivery of goods and delivery by express logistics, the consignee's signing time is the delivery time. If the subject of the contract is to provide services, the time specified in the generated electronic voucher or physical voucher is the delivery time; if the aforementioned voucher does not specify the time or the specified time is inconsistent with the actual service time, the actual service time is the delivery time.
The subject of the contract is delivered online, and the time when the subject of the contract enters the specific system designated by the other party and can be identified is the delivery time.
If the parties to the contract have otherwise agreed on the delivery method and delivery time, such agreement shall prevail.
Article 52 (1) The parties to e-commerce may agree to use express logistics to deliver goods.
When express logistics service providers provide express logistics services for e-commerce, they shall abide by laws, administrative regulations, and shall comply with the promised service specifications and time limits. The express logistics service provider shall, when delivering the goods, prompt the consignee to check in person; if it is delivered to another person for collection, the consignee shall agree.
Express logistics service providers shall use environmentally friendly packaging materials in accordance with regulations to reduce and reuse packaging materials.
Express logistics service providers, while providing express logistics services, can accept e-commerce operators' entrustment to provide payment collection services.
Article 53: E-commerce parties may agree to pay the price by electronic payment.
Electronic payment service providers providing electronic payment services for e-commerce shall comply with national regulations, inform users of the functions, use methods, precautions, related risks, and charging standards of electronic payment services, and shall not attach unreasonable transaction conditions. Electronic payment service providers shall ensure the integrity, consistency, traceability, audit and tamper-resistance of electronic payment instructions.
Electronic payment service providers shall provide users with free reconciliation services and transaction records for the last three years.
Article 54 (1) Where electronic payment service providers provide electronic payment services that do not meet the relevant national requirements for payment security management and cause losses to users, they shall be liable for compensation.
Article 55: Before issuing a payment instruction, the user shall check the complete information such as the amount and payee included in the payment instruction.
If there is an error in the payment instruction, the electronic payment service provider shall find the cause in time and take relevant measures to correct it. In case of loss to the user, the electronic payment service provider shall bear the liability for compensation, except that it can prove that the payment error is not caused by itself.
Article 56: After the electronic payment service provider completes the electronic payment, it shall promptly and accurately provide the user with information to confirm the payment in accordance with the agreed method.
Article 57: Users shall properly keep security tools such as transaction passwords and electronic signature data. If the user finds that the security tool is lost, stolen or unauthorized payment, he shall promptly notify the electronic payment service provider.
The loss caused by unauthorized payment shall be borne by the electronic payment service provider; the electronic payment service provider can prove that the unauthorized payment was caused by the user's fault and is not liable.
When the electronic payment service provider discovers that the payment instruction is unauthorized or receives an unauthorized notification of the user's payment instruction, it shall immediately take measures to prevent the loss from expanding. If the electronic payment service provider fails to take measures in a timely manner to cause the loss to expand, it shall bear the responsibility for the enlarged portion of the loss.
Chapter IV: E-commerce Dispute Resolution
Article 58 The State encourages operators of e-commerce platforms to establish guarantee mechanisms for the quality of goods and services that are conducive to the development of e-commerce and the protection of consumer rights and interests.
If the operator of the e-commerce platform and the operator within the platform establish a consumer rights security deposit, the two parties shall make a clear agreement on the amount of withdrawal, management, use and return of the consumer rights security deposit.
Consumers require the operators of e-commerce platforms to bear the pre-compensation liability and recover the compensation from the operators in the platform after the e-commerce platform operators have compensated, and the relevant provisions of the Consumer Protection Law of the People's Republic of China shall apply.
Article 59: E-commerce operators shall establish a convenient and effective complaint and reporting mechanism, disclose information such as complaints and reporting methods, and accept and handle complaints and reports in a timely manner.
Article 60: E-commerce disputes can be settled through negotiation and settlement, requesting consumer organizations, industry associations, or other mediation organizations established in accordance with the law, to lodge a complaint with the relevant department, request arbitration, or file a lawsuit.
Article 61: When a consumer purchases goods or receives services on an e-commerce platform, and there is a dispute with the operator on the platform, the operator of the e-commerce platform shall actively assist consumers in safeguarding their legitimate rights and interests.
Article 62: In the handling of e-commerce disputes, e-commerce operators shall provide original contract and transaction records. If the e-commerce operator loses, forges, tampers with, destroys, conceals or refuses to provide the foregoing materials, which makes it impossible for the people's court, arbitration institution or relevant authorities to ascertain the facts, the e-commerce operator shall bear corresponding legal liabilities.
Article 63: An e-commerce platform operator may establish an online dispute resolution mechanism, formulate and publicize dispute resolution rules, and settle disputes between the parties in a fair and just manner in accordance with the voluntary principle.
Chapter 5: Promotion of E-commerce
Article 64 The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall incorporate the development of e-commerce into the national economic and social development plan, formulate scientific and reasonable industrial policies, and promote the innovative development of e-commerce.
Article 65: The State Council and local people's governments at or above the county level and their relevant departments shall take measures to support and promote green packaging, storage, and transportation, and promote the green development of e-commerce.
Article 66: The state shall promote the construction of e-commerce infrastructure and logistics networks, improve the e-commerce statistical system, and strengthen the construction of e-commerce standard systems.
Article 67: The state promotes the application of e-commerce in various fields of the national economy and supports the integrated development of e-commerce and various industries.
Article 68 The State promotes the application of Internet technologies in agricultural production, processing, and circulation, encourages all types of social resources to strengthen cooperation, promotes the development of rural e-commerce, and plays the role of e-commerce in targeted poverty alleviation.
Article 69: The state maintains the security of e-commerce transactions, protects the information of e-commerce users, encourages the development and application of e-commerce data, and guarantees the orderly and free flow of e-commerce data.
The state has taken measures to promote the establishment of a public data sharing mechanism and promote the use of public data by e-commerce operators in accordance with the law.
Article 70: The state supports credit evaluation institutions established in accordance with the law to conduct e-commerce credit evaluations and provide e-commerce credit evaluation services to the society.
Article 71 The State promotes the development of cross-border e-commerce, establishes and improves customs, taxation, entry-exit inspection and quarantine, payment and settlement management systems that are suitable for the characteristics of cross-border e-commerce, improves the level of facilitation of cross-border e-commerce, and supports cross-border e-commerce. Operators of international e-commerce platforms provide services such as warehousing and logistics, customs declaration, and inspection for cross-border e-commerce.
The state supports small and micro enterprises in engaging in cross-border e-commerce.
Article 72 The national import and export management department shall promote the construction of comprehensive services and supervision systems in cross-border e-commerce customs declaration, taxation, inspection and quarantine, optimize the supervision process, promote the realization of information sharing, mutual recognition of supervision, mutual assistance in law enforcement, and improve Cross-border e-commerce services and regulatory efficiency. Cross-border e-commerce operators can go through relevant formalities with the national import and export management department with electronic documents.
Article 73: The state promotes the establishment of cross-border e-commerce exchanges and cooperation with different countries and regions, participates in the formulation of international rules for e-commerce, and promotes international mutual recognition of electronic signatures and electronic identities.
The state promotes the establishment of cross-border e-commerce dispute resolution mechanisms with different countries and regions.
Chapter 6: Legal Liability
Article 74: If an e-commerce operator sells goods or provides services, fails to perform its contractual obligations or fails to meet the contractual obligations, or causes damage to others, it shall bear civil liability according to law.
Article 75 An e-commerce operator violates Articles 12 and 13 of this Law, engages in business activities without obtaining relevant administrative licenses, or sells or provides goods or services that are prohibited by law or administrative regulations from trading, or fails to perform Article 25 of the law provides the obligation to provide information, and the e-commerce platform operator violates the provisions of Article 46 of this law, adopts a centralized transaction method to conduct transactions, or conducts standardized contract transactions, and shall be punished in accordance with the relevant laws and administrative regulations. .
Article 76 If an e-commerce operator violates the provisions of this law and commits one of the following acts, the market supervision and management department shall order it to make corrections within a time limit and may impose a fine of less than 10,000 yuan. The e-commerce platform operator shall be subject to The provisions of Article 81 (1) of the Law penalize:
(1) Failure to publicize business license information, administrative license information, information that does not require registration of market entities, etc., or a link identification of the above information in a prominent position on the homepage;
(2) Failure to continuously disclose relevant information on termination of e-commerce in a prominent position on the homepage;
(3) Failure to specify the methods and procedures for user information inquiry, correction, deletion, and user logout, or unreasonable conditions for user information inquiry, correction, deletion, and user logout.
If the operator of the e-commerce platform fails to take necessary measures against the operators in the platform that violate the provisions of the preceding paragraph, the market supervision and management department shall order correction within a time limit and may impose a fine of 20,000 to 100,000 yuan.
Article 77 If an e-commerce operator provides search results in violation of the first paragraph of Article 18 of this Law, or ties up goods and services in violation of the provisions of Article 19 of this Law, the market supervision and management department shall order correction within a time limit and confiscate it. Illegal income may be imposed a fine ranging from 50,000 yuan to 200,000 yuan; if the circumstances are serious, a fine of 200,000 yuan to 500,000 yuan shall be imposed concurrently.
Article 78 If an e-commerce operator violates Article 21 of this Law, fails to clearly indicate to consumers the methods and procedures for deposit refund, sets unreasonable conditions for deposit refund, or fails to return the deposit in a timely manner, the relevant competent authority shall Ordering to make corrections within a time limit may result in a fine of 50,000 to 200,000 yuan; if the circumstances are serious, a fine of 200,000 to 500,000 yuan shall be imposed.
Article 79 If an e-commerce operator violates the provisions on the protection of personal information in laws and administrative regulations, or fails to fulfill the network security guarantee obligations stipulated in Article 30 of this law and related laws and administrative regulations, it shall comply with the "Internet Security Law and other penalties provided by laws and administrative regulations.
Article 80 If an e-commerce platform operator commits one of the following acts, the relevant competent authority shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined 20,000 to 100,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification Impose a fine ranging from 100,000 yuan to 500,000 yuan:
(1) Failure to perform the verification and registration obligations stipulated in Article 27 of this Law;
(2) Failure to report relevant information to the market supervision and administration department and taxation department in accordance with the provisions of Article 28 of this Law;
(3) failing to take necessary measures for illegal situations in accordance with the provisions of Article 29 of this Law, or failing to report to the relevant competent authority;
(4) Failure to perform the obligation to keep the goods and services information and transaction information stipulated in Article 31 of this Law.
Where laws and administrative regulations provide otherwise for penalties for illegal acts as provided in the preceding paragraph, such provisions shall be followed.
Article 81 If an operator of an e-commerce platform violates the provisions of this Law and commits one of the following acts, the market supervision and management department shall order it to make corrections within a time limit and may be fined 20,000 to 100,000 yuan; if the circumstances are serious, it shall be punished Fines ranging from 10,000 yuan to 500,000 yuan:
(1) Failure to continuously publicize the platform service agreement, transaction rule information or the link identification of the above information in a prominent position on the homepage;
(2) Amending the trading rules without publicly soliciting opinions on a prominent position on the homepage, failing to publicize the amendments in advance according to the prescribed time, or preventing the operators in the platform from withdrawing;
(3) failing to distinguish between self-operated businesses and businesses carried out by the platform operators in a distinctive way;
(4) Failure to provide consumers with a way to evaluate the products or services provided on the platform, or to delete consumer evaluations without authorization.
The operator of the e-commerce platform violates Article 40 of this law and fails to clearly mark "advertisement" on the goods or services in the bidding ranking in accordance with the provisions of the Advertising Law of the People's Republic of China.
Article 82 An operator of an e-commerce platform violates Article 35 of this Law, imposing unreasonable restrictions or attaching unreasonable conditions on the platform's transactions, transaction prices, or transactions with other operators. Or if an unreasonable fee is charged to the operators on the platform, the market supervision and management department shall order a correction within a time limit and may be fined 50,000 to 500,000 yuan; if the circumstances are serious, 500,000 to 2 million yuan The following fines.
Article 83 The operator of an e-commerce platform violates Article 38 of this law, fails to take necessary measures against the infringement of consumers' legitimate rights and interests by the operators on the platform, or fails to meet the qualifications and obligations of the operators on the platform. Or if the consumer fails to fulfill the security guarantee obligations, the market supervision and management department shall order a correction within a time limit, and may be fined 50,000 yuan up to 500,000 yuan; if the circumstances are serious, he shall be ordered to suspend business for rectification and be imposed at least 500,000 yuan A fine of less than two million yuan.
Article 84 The operators of e-commerce platforms violate the provisions of Articles 42 and 45 of this Law and fail to take necessary measures in accordance with the law in the conduct of infringement of intellectual property rights by the operators on the platform. Make corrections within a time limit; fail to make corrections within the time limit, and impose a fine of 50,000 to 500,000 yuan; in serious cases, a fine of 500,000 to 2 million yuan.
Article 85. E-commerce operators violate the provisions of this law, sell goods or provide services that do not meet the requirements for protecting personal and property safety, conduct unfair competition such as false or misleading business propaganda, and abuse market dominance. , Or those who infringe intellectual property rights, infringe on the rights and interests of consumers, etc., shall be punished in accordance with the provisions of relevant laws.
Article 86: Any e-commerce operator who commits illegal acts stipulated in this Law shall be recorded in the credit archives and publicized in accordance with the provisions of relevant laws and administrative regulations.
Article 87. Staff of the department with responsibility for electronic commerce supervision and management in accordance with the law neglect their duties, abuse their power, engage in malpractices for personal gain, or leak, sell, or illegally provide personal information, privacy, and commerce known to them in the performance of their duties. Secrets shall be investigated for legal responsibility according to law.
Article 88: Any violation of the provisions of this Law that constitutes a violation of public security management shall be punished according to law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Chapter VII Supplementary Provisions
Article 89: This Law shall enter into force on January 1, 2019 (This translation is by google, please check the Chinese version)
