Electronic Commerce Law of the People's Republic of China

Chapter I General Provisions

Article 1

This Law is enacted to safeguard the lawful rights and interests of e-commerce participants, regulate e-commerce, maintain market order, and promote sustainable and sound e-commerce development.

Article 2

This Law applies to e-commerce within the territory of the People's Republic of China.

For the purposes of this Law, "e-commerce" means business activities of selling goods or providing services through the internet or any other information network.

Where any other law or administrative regulation provides otherwise for the sale of goods or provision of services, such other laws or administrative regulations shall apply. This Law shall not apply to financial products and services and content services provided via information networks, such as news information, audio-video programs, publications, and cultural products.

Article 3

The State encourages the development of new forms of e-commerce and the creation of new models of commerce, promote the research, development and application of e-commerce technology, facilitate e-commerce credibility building, foster a market environment favorable for e-commerce innovation and development, and ensure that e-commerce plays an important role in promoting high-quality development, meeting the people's ever-growing needs for a better life, and developing an open economy.

Article 4

The State shall provide equal treatment to online and offline commerce and stimulate their integration. The people's governments and relevant departments at all levels may neither implement discriminatory policies or measures nor abuse their administrative power to exclude or restrict market competition.

Article 5

E-commerce operators shall follow the principles of free will, equality, fairness, and good faith in their business operations, observe the law and follow business ethics, fairly participate in market competition, perform obligations in areas including protection of consumer rights and interests, the environment, intellectual property rights, cybersecurity and personal information, assume responsibility for the quality of products or services, and be subject to government and public oversight.

Article 6

The relevant departments of the State Council shall, according to their respective powers and duties, be responsible for the development, supervision and regulation of e-commerce. Local people's governments at or above the county level may, based on the actual situations, determine the division of powers and duties among their departments in respect of e-commerce in their respective administrative regions.

Article 7

The State shall establish a coordinative administration system adaptive to the characteristics of e-commerce and promote the formation of an e-commerce market governance system in which competent authorities, e-commerce industry associations, e-commerce operators and consumers, etc., jointly participate.

Article 8

E-commerce industry associations shall, pursuant to their bylaws, exercise self-discipline, establish and improve industry standards, promote credibility building of the industry , and oversee and guide business operators in their industry to fairly participate in market competition.

Chapter II E-Commerce Operators

Section 1 General Rules

Article 9

For the purposes of this Law, "e-commerce operators" means natural persons, legal persons and unincorporated organizations that engage in business activities of selling goods or providing services through the internet or other information networks, including e-commerce platform operators, on-platform business operators, and e-commerce operators that sell goods or provide services through self-owned websites or other network services.

"E-commerce platform operators" means legal persons or unincorporated organizations which, in e-commerce, provide two or more parties to a transaction with services, such as online business premises, deal-making, and information releasing, for the parties to independently engage in transactional activities.

"On-platform business operators" means e-commerce business operators which sell goods or provide services on an e-commerce platform.

Article 10

E-commerce operators shall complete business registration in accordance with law, except, natural persons selling self-produced agricultural and sideline products or homemade crafts, or engaging in convenient services by using their own skills for which no permit is required by law, or occasional and low-value transactions, or engaging in transactional activities for which no business registration is required by laws or administrative regulations.

Article 11

E-commerce operators shall perform the obligation of tax payment and be entitled to tax incentives in accordance with law.

E-commerce operators which are not required to complete business registration under the preceding Article shall, after the first tax obligation arises, apply for tax registration and faithfully file tax returns, as required by laws and administrative regulations on tax collection.

Article 12

E-commerce operators which are required by law to hold relevant administrative permit for their business operations shall duly obtain such permits.

Article 13

E-commerce operators shall sell goods or provide services which meet the requirements for guaranteeing personal and property safety and for environmental protection and shall not sell goods or provide services the trading of which is prohibited by laws or administrative regulations.

Article 14

E-commerce operators shall issue paper or electronic invoices or other documents of proof for the sale of goods or provision of services in accordance with law. Electronic invoices shall have the same legal effect as paper invoices.

Article 15

E-commerce operators shall, at prominent places on their homepages and primary webpages, continuously display the information of their business licenses and the administrative licensing related to their business operations or the statement that they are not required to complete business registration pursuant to Article 10 of this Law, or marks of the links to the aforesaid information.

Where there is any change to the information specified in the preceding paragraph, e-commerce operators shall update the aforesaid information in a timely manner.

Article 16

Where e-commerce operators are to voluntarily terminate their e-commerce business, the e-commerce operators shall continuously display such information 30 days in advance at a prominent place of their homepages and primary webpages.

Article 17

E-commerce operators shall fully, faithfully and accurately disclose in a timely manner the information on their goods or services to safeguard consumers' right to be informed and to choose. E-commerce operators shall not conduct false or misleading commercial promotion by fabricating transactions or user comments or by any other means, to defraud or mislead consumers.　

Article 18

When providing search results of goods or services for consumers based on their interest and preference, consumption habits, or any other characteristics, e-commerce operators shall simultaneously provide the consumers with options not targeting their personal characteristics, and respect and equally protect their lawful rights and interests.

E-commerce operators shall comply with the relevant provisions of the Advertisement Law of the People's Republic of China in sending advertisements to consumers.

Article 19

Where e-commerce operators intend to perform tie-in sale of goods or services, they shall alert consumers in a prominent way and shall not set the said tie-in sale as a default option.

Article 20

E-commerce operators shall deliver goods or services to consumers as promised or in accordance with the ways and schedules otherwise agreed upon with consumers, and assume risks and liabilities during the shipment of the goods, unless the consumers choose courier and other logistics service providers.

Article 21

Where e-commerce operators collect deposits from consumers as agreed, they shall expressly define the ways and procedures for refunding with no unreasonable conditions attached. Where consumers request for a refund of deposits and meet the conditions therefor, e-commerce operators shall make a refund in a timely manner.

Article 22

E-commerce operators having dominant market positions as a result of their technological advantages, number of users, capability of controlling the relevant industry, dependence of other business operators on them in transactions, or any other factors, shall not abuse their dominant market positions to exclude or restrict competition.

Article 23

Where e-commerce operators collect or use the personal information of their users, they shall comply with the provisions on the protection of personal information in the relevant laws and administrative regulations.

Article 24

E-commerce operators shall expressly specify the ways and procedures for searching, correcting and deleting user information and user deregistration, and shall not set unreasonable conditions for such search, correction, deletion or deregistration.　

When receiving an application for searching, correcting, or deleting user information, e-commerce operator shall, upon identity verification, enable such search, correction or deletion in a timely manner. In the case of a user deregistration, e-commerce operator shall immediately delete the information of the user; where laws or administrative regulations provide for, or the parties agree to, information retention, the e-commerce operator shall do so accordingly.

Article 25

E-commerce operators shall provide the e-commerce data and information where the competent authorities so require pursuant to laws or administrative regulations. The competent authorities shall take necessary measures to protect the safety of the data and information provided by e-commerce operators, strictly keep confidential the personal information, privacy, and trade secrets therein, and shall not divulge, sell, or otherwise illegally provide them to others.

Article 26

E-commerce operators which engage in cross-border e-commerce shall comply with the laws, administrative regulations, and other relevant State provisions on the supervision and administration of import and export.

Section 2 E-Commerce Platform Operators

Article 27

E-commerce platform operators shall request the business operators applying for selling goods or providing services on their platforms to submit authentic information about their identity, address, contact, and administrative permit, verify and record such information, establish register files, and regularly verify and update the files.

Where e-commerce platform operators provide services for users selling goods or providing services for nonbusiness purposes on their platforms, they shall observe the relevant provisions in this Section.

Article 28

E-commerce platform operators shall submit the identity information of on-platform business operators to the departments for market regulation in accordance with provisions, remind the business operators which have not completed their business registration to complete it as legally required, and based on the characteristics of e-commerce, cooperate with the departments for market regulation in facilitating the relevant on-platform business operators in completing business registration as required.

E-commerce platform operators shall submit the identity information and the tax-related information of on-platform business operators to the tax department in accordance with laws and administrative regulations on tax collection, and remind the on-platform business operators that are not required to complete business registration pursuant to Article 10 of this Law, to complete tax registration pursuant to the second paragraph of Article 11 of this Law.

Article 29

Where e-commerce platform operators discover any information on goods or services on their platforms in violation of the requirements set forth in Article 12 or 13 of this Law, they shall take necessary measures in accordance with law and report to the competent authorities.

Article 30

E-commerce platform operators shall take technological and other necessary measures to keep the safe and stable operation of their networks, prevent violations of law and crimes in cyberspace, effectively respond to cybersecurity incidents, and guarantee the security of e-commerce transactions.

E-commerce platform operators shall prepare contingency plans for cybersecurity incidents. Where cybersecurity incidents occur, they shall initiate the contingency plans immediately, take corresponding remedial measures, and report to the competent authorities.

Article 31

E-commerce platform operators shall record and store the information on the goods and services which is released on their platforms and the information on transactions, and keep such information complete, confidential and available. The information on goods and services and their transactions shall be kept for at least three years from the date of the completion of transaction, unless otherwise provided for by laws or administrative regulations.

Article 32

E-commerce platform operators shall, on the principles of openness, fairness and impartiality, develop platform service agreements and transaction rules, and specify the rights and obligations in respect of joining and quitting their platforms, assurance of the quality of goods and services, protection of consumer rights and interests, and protection of personal information.

Article 33

E-commerce platform operators shall continuously display their platform service agreements and transaction rules, or the marks of links to the aforesaid information, at prominent places on their homepages and primary webpages to ensure the convenient access to and download of such information in full by the on-platform business operators and consumers.

Article 34

Where e-commerce platform operators intend to modify their platform service agreements or transaction rules, they shall solicit public comments at prominent places on their homepages and primary webpages and take reasonable measures to ensure that the relevant parties can fully express their opinions in a timely manner. The modified contents shall be published at least seven days prior to implementation.

Where on-platform business operators do not accept the modifications and seek to quit the e-commerce platforms, the platform operators shall not prevent them from doing so and shall assume relevant responsibility in accordance with the service agreements and transaction rules prior to the modification.

Article 35

E-commerce platform operators shall not, by virtue of service agreements or transaction rules, or by technology or other means, place unreasonable restrictions or conditions on the transactions carried out by the on-platform business operators on their platforms or on the transaction prices, or on the transactions carried out by their on-platform business operators with other business operators, or charge the on-platform business operators any unreasonable fees.

Article 36

Where e-commerce platform operators, in accordance with the platform service agreements and transaction rules, take measures, such as warning, suspending or terminating services, against the violations of laws or regulations by on-platform business operators, they shall publish as such in a timely manner.　

Article 37

E-commerce platform operators conducting self-operated business on their own platforms shall distinguish and mark in a prominent way their self-operated business from that of on-platform business operators so as not to mislead consumers.

E-commerce platform operators shall bear civil liability, as goods sellers or service providers, for the goods or services marked with "self-operated business," in accordance with law.

Article 38

Where an e-commerce platform operator knows or should have known that an on-platform business operator sells such goods or provides such services as not meeting the requirements for guaranteeing personal and property safety or infringes upon the lawful rights and interests of consumers, and fails to take necessary measures, the e-commerce platform operator shall bear joint and several liability with the on-platform business operator in question.

Where e-commerce platform operators fail to verify the qualifications or licenses of on-platform business operators that sell goods or provide services which affect the life and health of consumers, or fail to fulfill the obligation of guaranteeing consumer safety, and as a result damages are caused to consumers, the e-commerce platform operators shall assume corresponding liability in accordance with law.　

Article 39

E-commerce platform operators shall establish and improve credit rating systems, publish credit rating rules, and provide access for consumers to make comments on the goods sold or services provided by the on-platform business operators.

E-commerce platform operators shall not delete any comment made by consumers on the goods sold or services provided on their platforms.

Article 40

E-commerce platform operators shall display the search results of goods or services to consumers by various means according to factors such as price, sales volume and creditability of the goods or services; and prominently mark with "advertisement" the goods or services which are ranked based on price bidding.

Article 41

E-commerce platform operators shall formulate rules for protection of intellectual property rights and cooperate with holders of intellectual property rights, and protect intellectual property rights in accordance with law. 　

Article 42

Where the holder of an intellectual property right believes that his intellectual property right has been infringed upon, he shall have the right to require, by a notice, the e-commerce platform operator concerned to take necessary measures, such as deleting, blocking or disconnecting links or terminating transactions and services. The notice shall include prima facie evidence that the infringement has been committed.

Having received the foregoing notice, the e-commerce platform operator shall take timely and necessary measures and forward the notice to the infringing on-platform business operator. Where the e-commerce platform operator fails to take timely and necessary measures, it shall bear joint and several liability with the infringing on-platform business operator for subsequent damages.

Civil liability shall be borne for any damage caused to an on-platform business operator by erroneous notice. The liability of double compensation shall be borne for any damage caused to the on-platform business operator by erroneous notice given in bad faith.　

Article 43

An on-platform business operator may, upon receipt of the notice of infringement forwarded by the e-commerce platform operator, give a declaration of non-infringement to the latter. The declaration shall include prima facie evidence of non-infringement.

The e-commerce platform operator shall, upon receipt of the declaration, forward it to the holder of the intellectual property right who gave the notice, and advise that the holder may file a complaint with the competent authority or a lawsuit before a people's court. Within 15 days after the forwarded declaration is delivered to the holder of the intellectual property right, if the e-commerce platform operator receives no further notice that the holder has filed a complaint or lawsuit, it shall promptly terminate the measures it has taken.

Article 44

The e-commerce platform operator shall publish in a timely manner the notices and declarations specified in Articles 42 and 43 of this Law as well as the results of disposal.

Article 45

Where an e-commerce platform operator knows or should have known that an on-platform business operator infringes upon an intellectual property right, it shall take necessary measures such as deleting, blocking, disconnecting links or terminating transactions and services, or, failing that, it shall assume joint and several liability with the infringer.

Article 46

In addition to the services provided for in the second paragraph of Article 9 of this Law, e-commerce platform operators may, pursuant to platform service agreements and transaction rules, provide services for e-commerce among on-platform business operators such as warehousing, logistics, payment settlement and delivery and receipt. When providing services for the e-commerce among the on-platform business operators, e-commerce platform operators shall observe the laws, administrative regulations, and the relevant State provisions and shall not conduct transactions by centralized bidding, acting as market makers, or any other means of centralized trading, or by standardized contracts.

Chapter III Formation and Performance of E-Commerce Contracts

Article 47

The formation and performance of contracts by e-commerce parties shall be governed by this Chapter, the General Provisions of the 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, and other laws.

Article 48

The act of e-commerce parties entering into or performing a contract by using an automatic information system shall have legal effect on the parties using such a system.

Parties in e-commerce shall be presumed to have corresponding capacity for civil conduct, unless evidence to the contrary is sufficient to rebut the presumption. 　

Article 49

Where the information on goods or services published by an e-commerce operator meets the conditions for constituting an offer, a contract shall be deemed concluded once a user successfully places an order for the goods or services he chooses, unless otherwise agreed by the parties.

An e-commerce operator shall not stipulate by standard clauses, or any other means, that a contract is not formed even after a consumer has paid. Where standard clauses, among others, contain such terms, the terms shall be invalid. 　

Article 50

E-commerce operators shall clearly, fully, and explicitly inform users of the procedures for forming contracts, matters that need attention, and download methods, etc., and ensure convenient access to and download of such information in full by users.

E-commerce operators shall provide access for users to correct any input error before submitting an order. 　

Article 51

Where the subject matter of a contract is delivery of goods by courier and logistics services, delivery time shall be the time when the addressee signs for the receipt of goods. Where the subject matter of a contract is delivery of services, delivery time shall be as specified in the document of proof so created in electronic or paper form. Where the said document specifies no time, or the time specified thereby is not the time when the services are actually provided, delivery time shall be the time of the actual provision of services.

Where the subject matter of a contract is to be delivered by means of online transmission, delivery time shall be the time when the subject matter enters the particular system designated by the addressee and is capable of being retrieved and identified.

Where the parties to a contract otherwise agree upon the way or time for delivery, the agreement shall prevail.

Article 52

E-commerce parties may agree upon delivery of goods through courier and logistics services.　

Courier and logistics service providers for e-commerce shall comply with laws and administrative regulations, and observe promised service specifications and time limits. When courier and logistics service providers deliver goods, they shall remind the addressees to check the goods in their presence; or, with the consent of the addressees, they may deliver the goods to the designated persons for collection.

Courier and logistics service providers shall use environmentally friendly packaging materials as required, to recycle and reduce the use of packaging materials.

Courier and logistics service providers may, in addition to providing courier and logistics services, collect payments if so delegated by e-commerce operators.

Article 53

E-commerce parties may agree upon the use of electronic payment.

Electronic payment service providers shall comply with State provisions, inform users of the functions, user instructions, matters that need attention, relevant risks, and fee rates of electronic payment services, with no unreasonable transaction conditions attached. Electronic payment service providers shall ensure that electronic payment instructions are integral, consistent, traceable, verifiable, and tamper-proof.

Electronic payment service providers shall provide, free of charge, users with statements of account and transaction records of the latest three years.

Article 54

Electronic payment service providers shall assume compensation liability for the damages caused to users by providing electronic payment services in violation of requirements of the State for payment security management.

Article 55

Before issuing payment instructions, users shall verify the complete information in the instructions, including the amount of payment and the payee.

Where error occurs to payment instructions, electronic payment service providers shall find out the reasons in a timely manner and take relevant measures to correct such error and shall assume compensation liability for the damages caused to users, unless the service providers prove that the error was not caused by them.

Article 56

Electronic payment service providers shall, upon completion of electronic payment, provide users with timely and accurate information on the acknowledgment of payment in a manner as agreed upon.

Article 57

Users shall properly keep their transaction passwords, electronic signature data and other security tools. Where users become aware of loss or theft of their security tools, or unauthorized payment, they shall notify the electronic payment service providers in a timely manner.

Electronic payment service providers shall be liable for the damages resulting from any unauthorized payment; however, they shall not be liable if they prove that the unauthorized payment was caused by the fault of the users.

When electronic payment service providers become aware of unauthorized payment instructions or receive notices of unauthorized payment instructions from users, they shall promptly take measures to prevent subsequent damages. If the electronic payment service providers fail to do so, they shall be liable for such subsequent damages.

Chapter IV Settlement of E-Commerce Disputes

Article 58

The State encourages e-commerce platform operators to develop a goods and service quality assurance mechanism favorable to e-commerce development and protection of consumer rights and interests.

Where e-commerce platform operators and on-platform business operators set up deposits for consumer right protection by agreement, the parties shall explicitly stipulate the amount of deposits to be withdrawn and the management, use, and refunding, etc. of deposits.

Where a consumer requires an e-commerce platform operator to first pay compensation, and the e-commerce platform operator, after making the payment, intends to recover the payment from the relevant business operator on the platform, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests shall apply.

Article 59

E-commerce operators shall develop convenient and effective complaining and reporting mechanisms, publish information such as the means of complaining and reporting , and accept and settle complaints and reports in a timely manner.

Article 60

E-commerce disputes may be settled by reconciliation through consultation, or mediation by consumer organizations, industry organizations, or other mediation organizations established in accordance with law, or by filing complaints to the relevant authorities, or by arbitrations or court actions, etc.

Article 61

Where a consumer purchases goods or services on an e-commerce platform and is involved in a dispute with an on-platform business operator, the e-commerce platform operator shall help the consumer to protect his lawful rights and interests.

Article 62

An e-commerce operator shall, in the course of settling an e-commerce dispute, provide the original contract and transaction records. Where the people's court, arbitral institution, or relevant authority is unable to ascertain the facts because that the e-commerce operator loses, fabricates, tampers, destroys, conceals, or refuses to provide the aforesaid information, the e-commerce operator shall assume corresponding legal liability.

Article 63

E-commerce platform operators may establish online dispute settlement mechanisms, develop and publish dispute settlement rules, and fairly and equitably settle the disputes between parties based on the principle of voluntariness.

Chapter V 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 include e-commerce development in their economic and social development plans, make well-conceived and reasonable industry policies, and promote innovative e-commerce development.

Article 65

The State Council, local people's governments at or above the county level, and their relevant departments shall take measures to support and boost green packaging, warehousing, and transportation to promote green development of e-commerce.

Article 66

The State shall strive to develop e-commerce infrastructure and logistics networks, enhance the e-commerce statistics system and improve the system of e-commerce standards.

Article 67

The State shall advance the application of e-commerce in every sector of the economy and support the integrated development of e-commerce and all industries.　

Article 68

The State shall endeavor to promote the application of internet technologies in agricultural production, processing and circulation, etc., encourage social resources to further cooperate with each other, push forward rural e-commerce development, and fully employ e-commerce in targeted poverty alleviation.

Article 69

The State shall ensure e-commerce transaction security, protect e-commerce user information, encourage e-commerce data development and application, and protect the lawful, orderly and free flow of e-commerce data.

The State shall take measures to facilitate the establishment of a public data sharing mechanism and encourage e-commerce operators to legally use public data.

Article 70

The State shall support legally-established credit rating institutions in rating e-commerce credit and providing the public with e-commerce credit rating services.

Article 71

The State shall facilitate the development of cross-border e-commerce, establish and improve administrative systems for customs, taxation, entry-exit inspection and quarantine, payment and settlement, etc., in line with the features of cross-border e-commerce, facilitate each stage of cross-border e-commerce, and support cross-border e-commerce platform operators providing warehousing, logistics, customs declaration, entry-exit inspection and quarantine declaration, and other services for cross-border e-commerce.

The State shall support small and micro enterprises in cross-border e-commerce.

Article 72

The import-export regulatory authorities of the State shall advance the building of the comprehensive service and regulatory systems for cross-border e-commerce in respect of customs declaration, tax payment, and entry-exit inspection and quarantine, etc., improve the regulatory process, promote information sharing, mutual recognition for regulation purposes, and mutual assistance in law enforcement, and improve the efficiency of the services for and regulation of cross-border e-commerce. Cross-border e-commerce operators may complete relevant formalities with the import-export regulatory authorities by submitting electronic documents.

Article 73

The State shall make endeavors to enhance e-commerce exchange and cooperation with other countries and regions, participate in the making of international e-commerce rules, and promote the international authentication of electronic signature and electronic identities.

The State shall push forward the establishment of cross-border e-commerce dispute settlement mechanisms with other countries and regions.

Chapter VI Legal Liability

Article 74

Where an e-commerce operator fails to perform contractual obligations or otherwise breaches the contract, or cause damage to others, in selling goods or providing services, the e-commerce shall bear civil liability in accordance with law.

Article 75

Where an e-commerce operator, in violation of Article 12 or 13 of this Law, engages in business operation without relevant administrative permit, or sells goods or provide services the trading of which is prohibited by laws or administrative regulations, or fails to perform the obligation of providing information as prescribed in Article 25 of this Law, or, in violation of Article 46 of this Law, trades by centralized bidding or by standardized contract, the e-commerce operator shall be punished in accordance with relevant laws and administrative regulations.

Article 76

Where an e-commerce operator, in violation of this Law, commits any of the following acts, he shall be ordered by the department for market regulation to make correction within a specific time limit and may be fined not more than RMB 10,000 yuan; and the e-commerce platform operator involved shall be punished in accordance with the first paragraph of Article 81 of this Law:

(1) Failing to publish the information on his business license, the information relating to the administrative permit for business operation or the statements that he is not required to complete business registration, or failing to establish marks of the links to the aforesaid information, at prominent places on his homepage and primary webpages;

(2) Failing to continuously display the information to the effect that he will terminate his e-commerce business at prominent places on his homepage and primary webpages; and

(3) Failing to expressly specify the methods and procedures for search, correction or deletion of user information or user deregistration, or placing unreasonable conditions for such search, correction or deletion of user information or user deregistration.

Where an e-commerce platform operator fails to take necessary measures against on-platform business operators that violate the provisions of the preceding paragraph, the e-commerce platform operator shall be ordered by the department for market regulation to make correction within a specific time limit and may be fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan.

Article 77

Where an e-commerce operator provides search results in violation of the first paragraph of Article 18 of this Law, or sells or provides tie-in goods or services in violation of Article 19 of this Law, the e-commerce operator shall be ordered by the department for market regulation to make correction within a specific time limit; the illegal gains, if any, shall be confiscated; and, in addition, the e-commerce operator may be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan, or, if the circumstances are serious, not less than RMB 200,000 yuan but not more than RMB 500,000 yuan.

Article 78

Where an e-commerce operator, in violation of Article 21 of this Law, fails to expressly state to consumers the manner and procedure for the refund of deposits, places unreasonable conditions for the refund of the deposits, or fails to refund deposits in a timely manner, the e-commerce operator shall be ordered by the relevant competent authority to make correction within a specific time limit, and may be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan, or, if the circumstances are serious, not less than RMB 200,000 yuan but not more than RMB 500,000 yuan.

Article 79

Where an e-commerce operator, in violation of the provisions on the protection of personal information prescribed in laws or administrative regulations, or fails to perform the obligation of ensuring cybersecurity provided for in Article 30 of this Law or in any relevant law or administrative regulation, the e-commerce regulator shall be punished pursuant to the Cybersecurity Law of the People's Republic of China and other laws and administrative regulations.

Article 80

Where an e-commerce platform operator commits any of the following acts, he shall be ordered by the relevant competent authority to make correction within a specific time limit. Where the e-commerce platform operator fails to do so within the prescribed time limit, he shall be fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan. Where the circumstances are serious, he shall be ordered by the aforesaid authority to suspend business for correction, and, in addition, be fined not less than RMB 100,000 yuan but not more than RMB 500,000 yuan:

(1) Failing to perform the obligation of verification or registration as provided for in Article 27 of this Law;

(2) Failing to submit relevant information to the department for market regulation or tax department pursuant to Article 28 of this Law;

(3) Failing to, pursuant to Article 29 of this Law, take necessary measures against violations of law or report to the relevant competent authority; and

(4) Failing to perform the obligation of keeping the information on goods or services or transaction information as provided for in Article 31 of this Law.

Where laws or administrative regulations provide otherwise for the punishment of any of the illegal acts prescribed in the preceding paragraph, relevant provisions of such laws or regulations shall apply.

Article 81

Where an e-commerce platform operator, in violation of this Law, engages in any of the following acts, he shall be ordered by the department for market regulation to make correction within a specific time limit, and may be fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan, or, where the circumstances are serious, not less than RMB 100,000 yuan but not than RMB 500,000 yuan:

(1) Failing to continuously display platform service agreement or transaction rules or establish links to the aforesaid information, at prominent places on the homepage and primary webpages;

(2) Failing to publicly solicit comments on modifications to the transaction rules at prominent places on his homepage and primary webpages or publish in advance the modifications at the time as required by regulations; or preventing on-platform business operators from leaving;

(3) Failing to distinguish, in a conspicuous manner, self-operated business from that of on-platform business operators; and

(4) Failing to provide access for consumers to make comments on the goods sold or services provided on their platforms, or deleting consumer comments without permission.

Where an e-commerce platform operator, in violation of Article 40 of this Law, fails to prominently mark with "advertisement" the goods or services ranked through price bidding, he shall be punished in accordance with the Advertisement Law of the People's Republic of China.

Article 82

Where an e-commerce platform operator, in violation of Article 35 of this Law, places unreasonable restrictions or conditions on transactions between on-platform business operators on his platform or on the trading prices, or on the transactions carried out by his on-platform business operators with other business operators, or charges unreasonable fees on on-platform business operators, the e-commerce platform operator shall be ordered by the department for market regulation to make correction within a specific time limit, and may be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan, or, where the circumstance are serious, not less than RMB 500,000 yuan but not more than RMB 2 million yuan.

Article 83

Where an e-commerce platform operator, in violation of Article 38 of this Law, fails to take necessary measures against the infringement upon the lawful rights and interests of consumers by on-platform business operators, or perform the obligation of verifying the qualifications or licenses of on-platform business operators, or fulfill his duty of guaranteeing the safety of consumers, the e-commerce platform operator shall be ordered by the department for market regulation to make correction within a specific time limit, and may be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. Where the circumstances are serious, he shall be ordered to suspend business for correction, and, in addition, be fined not less than RMB 500,000 yuan but not more than RMB 2 million yuan.

Article 84

Where an e-commerce platform operator, in violation of Article 42 or 45 of this Law, fails to take necessary measures, as required by law, against the infringement upon intellectual property rights by on-platform business operators, he shall be ordered by the relevant administrative department for intellectual property to make correction within a specific time limit. Where the e-commerce platform operator fails to make correction within the prescribed time limit, he shall be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan, or, where the circumstances are serious, not less than RMB 500,000 yuan but not more than RMB 2 million yuan.

Article 85

Where an e-commerce operator, in violation of this Law, sells such goods or provide such services as not meeting the requirements for guaranteeing personal and property safety, commits an act of unfair competition such as performing false or misleading commercial promotion, abuse his dominant market position, or commits an act of infringing upon intellectual property rights or consumer rights and interests, etc., the e-commerce operator shall be punished pursuant to the relevant laws.

Article 86

Acts in violation of the provisions of this Law committed by an e-commerce operator shall be entered in his credit record in accordance with the relevant laws and administrative regulations, and such information shall be made public.

Article 87

Where a staff member of the department responsible for e-commerce regulation neglects his duty, abuses his power, practices favoritism for personal gains, sells or illegally divulges or provides to others the personal information, privacy, or trade secrets learned in the course of performing his duty, the staff member in question shall be held legally liable in accordance with law.

Article 88

Where an act in violation of this Law constitutes a violation of public security administration, the offender shall be given public security administration punishment in accordance with law. Where the violation constitutes a crime, the offender shall be investigated for criminal liability in accordance with law.

Chapter VII Supplementary Provisions

Article 89

This Law shall come into force as of January 1, 2019.

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1. Hereinafter referred to as "E-Commerce" in abbreviation. -Trans.