The E-commerce Law entered into force on 1 Jan. 2019.
There are 89 articles in total. This is China’s first law on e-commerce.
E-commerce operators who provide online sales of products or services shall be subject to this Law. E-commerce operators shall perform such obligations as consumer rights protection, environmental protection, intellectual property protection, cybersecurity and personal information protection, and shall provide their data as required by competent authorities.
E-commerce operators include three categories:
E-commerce platform operators, refer to those who provide online business premises, transaction matchmaking, information release, etc.
Business owners in the e-commerce platform, refer to those who sell products and services through e-commerce. If platform operators know or should know that the sales of business owners using the platform is illegal (such as infringing intellectual property rights), and fail to take necessary measures, they shall bear joint and several liability with such business owners.
Other operators, refer to those who sell products and services through self-built websites or other online channels.
Where an e-commerce platform operator knows or should know that the goods sold or the services provided by a business owner using the platform do not comply with the requirements for safeguarding personal or property safety, or infringe upon the legitimate rights of consumers, but fails to take necessary measures, it shall bear joint and several liability with the said business owner pursuant to the law.