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E-commerce Law of the People’s Republic of China
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Where laws and administrative regulations have provisions on the sale of goods or the provision of services, those provisions shall apply. This law does not apply to financial products and services that use information networks to provide news informa...
E-Commerce Law of the People's Republic of China
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 One   
 
   Chapter Two   E-commerce Operators
 
   Section 1   General Provisions
 
   Section 2  E-commerce platform operator
 
   Chapter III   The conclusion and performance of e-commerce contracts
 
   Chapter 4   E-commerce dispute resolution
 
   Chapter 5   E-commerce promotion
 
   Chapter VI   Legal Liability
 
   Chapter Seven
 
 
 
   Chapter One   
 
   Article 1   In order to protect the legitimate rights and interests of all parties to e-commerce, regulate e-commerce behavior, maintain market order, and promote the sustainable and healthy development of e-commerce, this law is formulated.
 
   Article 2   E-commerce activities within the territory of the People's Republic of China shall be governed by this law.
 
  E-commerce as mentioned 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, those provisions shall apply. This law does not apply to financial products and services that use information networks to provide news information, audio and video programs, publishing, and cultural products and other content services.
 
Article 3 The state encourages the development of new forms of e-commerce, innovates business models, promotes the development and application of e-commerce technology, promotes the construction of an e-commerce credit system, creates a market environment conducive to the innovation and development of e-commerce, and makes full use of e-commerce in promoting high-quality It plays an important role in development, meeting the people’s growing needs for a better life, and building an open economy.
 
   Article 4   The state treats online and offline business activities equally, and promotes the integrated development of online and offline. 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 When engaging in business activities, e-commerce operators shall follow 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 Obligations in respect of personal information protection, assume responsibility for product and service quality, and accept supervision by the government and society.
 
   Article 6   The relevant departments of the State Council shall be responsible for e-commerce development promotion, supervision and management, etc. according to the division of responsibilities. Local people's governments at or above the county level may determine the division of responsibilities of e-commerce departments in their respective administrative regions based on the actual conditions of their respective administrative regions.
 
   Article 7   The state establishes a collaborative management system that meets 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.
 
   Article 8   E-commerce industry organizations shall carry out industry self-discipline in accordance with the articles of association, establish and improve industry standards, promote industry integrity building, and supervise and guide industry operators to participate in market competition fairly.
 
   Chapter Two   E-commerce Operators
 
  Section 1 General Provisions
 
Article 9 The term “e-commerce operators” as used in this Law refers to natural persons, legal persons and unincorporated organizations that engage in the business activities of selling goods or providing services through information networks such as the Internet, including e-commerce platform operators, in-platform operators, and through E-commerce operators who build their own websites or other network services to sell goods or provide services.
 
  The e-commerce platform operator mentioned in this law refers to a legal person or unincorporated organization that provides services such as online business premises, transaction matching, and information release for both parties or multiple parties in e-commerce for both parties or multiple parties to independently carry out transaction activities.
 
   The term “operator on the platform” as used in this Law refers to an e-commerce operator who sells goods or provides services through an e-commerce platform.
 
  Article 10 E-commerce operators shall go through the registration of market entities according to law. However, individuals who sell self-produced agricultural and sideline products and cottage industry products, and individuals use their own skills to engage in convenient labor activities and sporadic small-value transaction activities that do not require a license in accordance with the law, and do not require registration in accordance with laws and administrative regulations.
 
  Article 11 E-commerce operators shall perform their tax obligations in accordance with the law and enjoy tax preferences in accordance with the law.
 
  E-commerce operators who do not need to register as market entities in accordance with the provisions of the preceding article shall apply for tax registration in accordance with the tax collection management laws and administrative regulations after the first tax payment obligation occurs, and declare tax truthfully.
 
   Article 12   If an e-commerce operator engages in business activities and needs to obtain the relevant administrative license in accordance with the law, it shall obtain the administrative license in accordance with the law.
 
  Article 13  The goods sold or the services provided by e-commerce operators shall meet the requirements for personal and property safety and environmental protection, and shall not sell or provide goods or services that are prohibited by laws or administrative regulations.
 
  Article 14  E-commerce operators selling goods or providing services shall issue paper invoices or electronic invoices and other purchase vouchers or service receipts in accordance with the law. Electronic invoices and paper invoices have the same legal effect.
 
Article 15 E-commerce operators shall continuously publicize their business license information, administrative license information related to their business operations, and information that does not require registration of market entities in accordance with Article 10 of this law, or The link identifier of the above information.
 
   If the information specified in the preceding paragraph is changed, the e-commerce operator shall update the publicized information in a timely manner.
 
   Article 16   If an e-commerce operator terminates his own e-commerce business, he shall continue to publicize relevant information in a prominent position on the homepage 30 days in advance.
 
  Article 17  E-commerce operators shall disclose product or service information comprehensively, truthfully, accurately, and timely, so as to protect consumers' right to know and to choose. E-commerce operators shall not conduct false or misleading commercial propaganda by fictitious transactions, fabricating user reviews, etc., to deceive or mislead consumers.
 
Article 18 When e-commerce operators provide consumers with search results of goods or services based on their hobbies, consumption habits and other characteristics, they shall also provide consumers with options that are not specific to their personal characteristics, respect and protect consumption equally The legitimate rights and interests of the
 
  E-commerce operators who send advertisements to consumers shall abide by the relevant provisions of the Advertising Law of the People’s Republic of China.
 
   Article 19   An e-commerce operator shall draw the attention of consumers to consumers in a conspicuous manner when tying goods or services, and shall not use tying goods or services as an option agreed by default.
 
   Article 20   E-commerce operators shall deliver goods or services to consumers in accordance with their promises or agreed methods and time limits with consumers, and bear the risks and responsibilities in the transportation of goods. However, consumers who choose express logistics service providers are exceptions.
 
   Article 21   Where an e-commerce operator collects deposits from consumers in accordance with the contract, he shall clearly indicate the method and procedures for the refund of the deposit, and shall not set unreasonable conditions for the refund of the deposit. If a consumer applies for the refund of the deposit and meets the requirements for refund of the deposit, the e-commerce operator shall refund it in time.
 
Article 22. E-commerce operators who have a dominant market position due to factors such as their technical advantages, number of users, control over related industries, and the degree of dependence of other operators on the e-commerce operators in transactions, shall not abuse Market dominance eliminates and restricts competition.
 
  Article 23  The collection and use of personal information of its users by e-commerce operators shall abide by the provisions of laws and administrative regulations on 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 cancellation, and shall not set unreasonable conditions for user information inquiry, correction, deletion and user cancellation.
 
   When an e-commerce operator receives an application for user information inquiry or correction or deletion, it shall promptly provide inquiry or correction or deletion of user information after verifying the identity. When a user cancels, 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 agreed by both parties, it shall be in accordance with their provisions.
 
   Article 25   Where relevant competent authorities require e-commerce operators to provide relevant e-commerce data and information in accordance with laws and administrative regulations, the e-commerce operators shall provide it. Relevant competent authorities shall take necessary measures to protect the security of data and information provided by e-commerce operators, and keep the personal information, privacy and business secrets strictly confidential, and shall not disclose, sell or illegally provide them to others.
 
  Article 26 E-commerce operators engaged in cross-border e-commerce shall abide by the laws, administrative regulations and relevant state regulations on import and export supervision and management.
 
  Section 2 E-commerce platform operator
 
Article 27 Operators of e-commerce platforms shall require operators applying to enter the platform to sell goods or provide services to submit real information such as their identity, address, contact information, administrative license, etc., conduct verification and registration, establish registration files, and regularly verify Update.
 
  E-commerce platform operators who provide services to non-operating users who enter the platform to sell goods or provide services shall comply with the relevant provisions of this section.
 
Article 28 The operator of an e-commerce platform shall submit the identity information of the operator on the platform to the market supervision and management department in accordance with regulations, prompt the operator who has not registered as a market entity to register in accordance with the law, and cooperate with the market supervision and management department to address electronic The characteristics of commerce provide convenience for operators who should register as market entities to register.
 
The e-commerce platform operator shall, in accordance with the tax collection and management laws and administrative regulations, submit the identity information of the operator on the platform and information related to taxation to the taxation department, and shall prompt that there is no need to handle the market in accordance with Article 10 of this law. E-commerce operators registered as entities shall handle tax registration in accordance with the provisions of paragraph 2 of Article 11 of this Law.
 
   Article 29   If an e-commerce platform operator discovers that the goods or service information on the platform violates the provisions of Article 12 and Article 13 of this law, it shall take necessary measures according to law and report to the relevant competent authority.
 
  Article 30  E-commerce platform operators shall take technical measures and other necessary measures to ensure the safety and stable operation of their networks, prevent network illegal and criminal activities, effectively respond to network security incidents, and ensure the security of e-commerce transactions.
 
  E-commerce platform operators shall formulate emergency plans for network security incidents. When a network security incident occurs, they shall immediately initiate emergency plans, take corresponding remedial measures, and report to the relevant competent authorities.
 
  Article 31 E-commerce platform operators shall record and preserve the goods and service information and transaction information published on the platform, and ensure the integrity, confidentiality, and availability of the information. The storage period of commodity and service information and transaction information shall not be less than three years from the date of completion of the transaction; if laws and administrative regulations provide otherwise, follow those provisions.
 
Article 32 Operators of e-commerce platforms shall follow the principles of openness, fairness and impartiality, formulate platform service agreements and transaction rules, clarify access to and exit from the platform, product and service quality assurance, consumer rights protection, personal information protection, etc. Rights and obligations.
 
  Article 33 E-commerce platform operators shall continuously publicize platform service agreement and transaction rules information or the link identification of the above information in a prominent position on their homepage, and ensure that operators and consumers can conveniently and completely read and download.
 
  Article 34 E-commerce platform operators who modify platform service agreements and transaction rules shall solicit opinions publicly in a prominent position on their homepage, and take reasonable measures to ensure that relevant parties can fully express their opinions in a timely manner. The revised content should be announced at least seven days before implementation.
 
   If the operator on the platform does not accept the modified content and requests to withdraw from the platform, the e-commerce platform operator shall not stop it, and shall assume relevant responsibilities in accordance with the service agreement and transaction rules before the modification.
 
Article 35. E-commerce platform operators shall not use service agreements, transaction rules, technology and other means to impose unreasonable restrictions or impose unreasonable restrictions on the transactions of the operators on the platform, transaction prices, and transactions with other operators. Reasonable conditions, or unreasonable fees charged to operators on the platform.
 
   Article 36   In accordance with the platform service agreement and transaction rules, if an e-commerce platform operator implements measures such as warnings, suspension or termination of services on the platform operators’ violations of laws and regulations, they shall promptly publicize.
 
   Article 37   Where an e-commerce platform operator conducts self-operated business on its platform, it shall distinguish and mark the self-operated business and the business carried out by the operator on the platform in a significant way, and shall not mislead consumers.
 
  E-commerce platform operators shall bear the civil liabilities of commodity sellers or service providers in accordance with the law for the businesses marked as self-operated.
 
Article 38: The e-commerce platform operator knows or should know that the goods sold or the services provided by the operator on the platform do not meet the requirements for the protection of personal and property safety, or have other acts that infringe on the legitimate rights and interests of consumers, and fail to take necessary measures , And bear joint and several liability with the operators on the platform in accordance with the law.
 
For goods or services related to the lives and health of consumers, if an e-commerce platform operator fails to review the qualifications of the operators on the platform, or fails to fulfill the obligation to ensure safety to consumers, causing consumer harm, he shall bear the corresponding obligations in accordance with the law. Responsibility.
 
  Article 39 E-commerce platform operators shall establish a sound credit evaluation system, publicize credit evaluation rules, and provide consumers with a way to evaluate the goods sold or services provided on the platform.
 
  E-commerce platform operators shall not delete consumers’ comments on the products sold or services provided on their platforms.
 
Article 40: An e-commerce platform operator shall display the search results of goods or services to consumers in a variety of ways based on the price, sales volume, credit, etc. of the goods or services; for goods or services ranked by bidding, it shall be clearly marked with "advertisement" .
 
  Article 41  E-commerce platform operators shall establish intellectual property protection rules, strengthen cooperation with intellectual property rights holders, and protect intellectual property rights in accordance with the law.
 
   Article 42   If an intellectual property right holder believes that his intellectual property has been infringed, he has the right to notify the e-commerce platform operator 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 notice, the e-commerce platform operator shall take necessary measures in a timely manner and forward the notice to the operator on the platform; if the necessary measures are not taken in time, the operator shall be jointly and severally liable for the enlarged part of the damage.
 
   If the operator on the platform is damaged due to an error in the notification, he shall bear civil liability in accordance with the law. If an error notice is sent maliciously and causes losses to the operators on the platform, the liability for compensation shall be doubled.
 
   Article 43   After receiving the forwarded notice, the operator on the platform may submit a statement that there is no infringement to the e-commerce platform operator. The statement should include preliminary evidence that there is no infringement.
 
   After receiving the statement, the e-commerce platform operator shall forward the statement to the intellectual property right holder who issued the notice and inform the relevant competent authorityMake a complaint or file a lawsuit with the people's court. If the e-commerce platform operator does not receive a notice of complaint or lawsuit within 15 days after the transfer statement reaches the intellectual property right holder, it shall promptly terminate the measures taken.
 
  Article 44 E-commerce platform operators shall promptly publicize the notifications, declarations and processing results they have received as prescribed in Articles 42 and 43 of this law.
 
Article 45: If an e-commerce platform operator knows or should know that the operator on the platform has infringed on intellectual property rights, it shall take necessary measures such as deleting, blocking, disconnecting, terminating transactions and services; if the necessary measures are not taken, the infringer Jointly and severally liable.
 
Article 46 In addition to the services specified in the second paragraph of Article 9 of this Law, e-commerce platform operators may, in accordance with platform service agreements and transaction rules, provide warehousing, logistics, payment and settlement, and delivery for e-commerce among operators. Collection and other services. Operators of e-commerce platforms providing services for e-commerce among operators shall abide by laws, administrative regulations and relevant state regulations, and shall not conduct transactions by centralized bidding, market makers, and other centralized transactions, and shall not conduct standardized contract transactions.
 
   Chapter III   The conclusion and performance of e-commerce contracts
 
  Article 47 E-commerce parties entering into and performing contracts shall be governed by the provisions of this chapter and the "General Principles of the Civil Law of the People's Republic of China", "Contract Law of the People's Republic of China" and "Electronic Signature Law of the People's Republic of China".
 
   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 who uses the system.
 
  In e-commerce, it is presumed that the parties have the corresponding capacity for civil conduct. However, unless there is evidence to the contrary sufficient to overturn it.
 
   Article 49   If the product or service information released by the e-commerce operator meets the conditions of the offer, the user selects the product or service and submits the order successfully, and the contract is established. If the parties agree otherwise, the agreement shall prevail.
 
  E-commerce operators shall not use standard clauses and other methods to stipulate that the contract shall not be established after the consumer pays the price; if the standard clauses etc. contain the content, the content is invalid.
 
   Article 50   E-commerce operators shall clearly, comprehensively and clearly inform users of the steps, precautions, download methods and other matters for signing the contract, and ensure that users can read and download conveniently and completely.
 
  E-commerce operators shall ensure that users can correct input errors before submitting an order.
 
   Article 51   If the subject of the contract is the delivery of the goods and the delivery is carried out by express logistics, the time when the consignee signs the receipt is the delivery time. If the subject of the contract is the provision of services, the time specified in the generated electronic voucher or physical voucher is the delivery time; if the foregoing 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 by online transmission. The time when the subject of the contract enters the specific system designated by the other party and can be retrieved and identified is the delivery time.
 
   If the parties to the contract have otherwise agreed on the delivery method and delivery time, the agreement shall prevail.
 
  Article 52 E-commerce parties may agree to use express logistics to deliver goods.
 
   Express logistics service providers providing express logistics services for e-commerce shall abide by laws and administrative regulations, and shall comply with the promised service specifications and time limits. When delivering the goods, the express logistics service provider shall prompt the consignee for face-to-face inspection; if it is delivered to others, the consignee’s consent shall be obtained.
 
   Express logistics service providers shall use environmentally-friendly packaging materials in accordance with regulations to achieve reduction and reuse of packaging materials.
 
   Express logistics service providers, while providing express logistics services, can accept the commission of e-commerce operators to provide payment collection services.
 
  Article 53 E-commerce parties may agree to use electronic payment methods to pay the price.
 
   Electronic payment service providers providing electronic payment services for e-commerce shall abide by national regulations and inform users of the functions, usage methods, precautions, related risks and charging standards of electronic payment services, and shall not attach unreasonable transaction conditions. Electronic payment service providers shall ensure that the electronic payment instructions are complete, consistent, traceable and non-tamperable.
 
  Electronic payment service providers shall provide users with reconciliation services and transaction records for the last three years free of charge.
 
   Article 54   If the electronic payment service provided by an electronic payment service provider does not meet the relevant national payment security management requirements, and causes user losses, it shall be liable for compensation.
 
   Article 55   Before issuing a payment instruction, the user should check the complete information including the amount and the 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 the event of user losses, the electronic payment service provider shall be liable for compensation, unless it can be proved that the payment error was not caused by its own cause.
 
   Article 56   After completing an electronic payment, an electronic payment service provider shall promptly and accurately provide users with payment confirmation information 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 discovers that the security tool is lost, stolen or made unauthorized payment, he shall notify the electronic payment service provider in a timely manner.
 
  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 fault of the user and shall not be liable.
 
   When an electronic payment service provider discovers that the payment instruction is unauthorized, or receives a notice that the user's payment instruction is unauthorized, it shall take immediate measures to prevent the loss from expanding. If the electronic payment service provider fails to take measures in time and causes the loss to expand, it shall be liable for the increased loss.
 
   Chapter 4   E-commerce dispute resolution
 
  Article 58 The state encourages e-commerce platform operators to establish a product and service quality guarantee mechanism that is conducive to the development of e-commerce and the protection of consumer rights and interests.
 
   Where an e-commerce platform operator and an operator on the platform agree to establish a consumer rights deposit, both parties shall make a clear agreement on the withdrawal amount, management, use, and return methods of the consumer rights deposit.
 
  Consumers require e-commerce platform operators to assume the first compensation liability and the e-commerce platform operators to recover compensation from the operators on the platform after compensation, the relevant provisions of the "Consumer Rights Protection Law of the People's Republic of China" shall apply.
 
   Article 59   E-commerce operators shall establish a convenient and effective mechanism for complaints and reports, disclose information such as complaints and reporting methods, and accept and handle complaints and reports in a timely manner.
 
   Article 60   E-commerce disputes may be settled through negotiation and settlement, requesting consumer organizations, industry associations or other legally established mediation organizations to mediate, complaining to relevant departments, submitting arbitration, or filing a lawsuit.
 
   Article 61   When consumers purchase goods or receive services on an e-commerce platform, and disputes arise with the operators on the platform, the e-commerce platform operators shall actively assist the consumers in safeguarding their legal rights and interests.
 
  Article 62 In the settlement of e-commerce disputes, e-commerce operators shall provide original contracts and transaction records. If an e-commerce operator loses, forges, tampered with, destroyed, concealed, or refuses to provide the aforementioned materials, and the people's court, arbitration institution or relevant agency cannot ascertain the facts, the e-commerce operator shall bear corresponding legal liabilities.
 
  Article 63 E-commerce platform operators may establish online dispute resolution mechanisms, formulate and publicize dispute resolution rules, and resolve disputes between parties in a fair and just manner in accordance with the principle of voluntariness.
 
   Chapter 5   E-commerce promotion
 
  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 national economic and social development plans, 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 promotes the construction of e-commerce infrastructure and logistics network, improves the e-commerce statistical system, and strengthens the construction of e-commerce standard system.
 
  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 technology in agricultural production, processing, circulation and other links, encourages various 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 e-commerce user information, encourages the development and application of e-commerce data, and guarantees the orderly and free flow of e-commerce data in accordance with the law.
 
  The state has taken measures to promote the establishment of a public data sharing mechanism and promote e-commerce operators to use public data in accordance with the law.
 
  Article 70 The state supports legally established credit evaluation agencies to carry out e-commerce credit evaluation and provide the society with e-commerce credit evaluation services.
 
Article 71 The State promotes the development of cross-border e-commerce, establishes and improves management systems for customs, taxation, entry-exit inspection and quarantine, payment and settlement that are adapted to the characteristics of cross-border e-commerce, enhance the level of facilitation in all aspects of cross-border e-commerce, and support cross-border e-commerce. Operators of cross-border e-commerce platforms provide services such as warehousing logistics, customs declaration, and inspection declaration for cross-border e-commerce.
 
  The state supports small and micro enterprises to engage in cross-border e-commerce.
 
Article 72 The national import and export administrative department shall promote the construction of comprehensive services and supervision systems in cross-border e-commerce customs declaration, tax payment, inspection and quarantine, etc., optimize the supervision process, promote the realization of information sharing, mutual supervision 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 procedures with the national import and export administrative department by presenting 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 e-commerce rules, and promotes international mutual recognition of electronic signatures and electronic identities.
 
  The country promotes the establishment of cross-border e-commerce dispute resolution mechanisms with different countries and regions.
 
   Chapter VI   Legal Liability
 
  Article 74  E-commerce operators who sell goods or provide services, fail to perform contractual obligations or perform contractual obligations inconsistent with the agreement, or cause damage to others, shall bear civil liability in accordance with the law.
 
Article 75: E-commerce operators violate the provisions of Articles 12 and 13 of this Law by engaging in business activities without obtaining relevant administrative licenses, or selling or providing goods or services prohibited by laws or administrative regulations, or failing to perform this law. According to the information provision obligations stipulated in Article 25 of the Law, if an e-commerce platform operator violates the provisions of Article 46 of this Law by conducting transactions in a centralized manner or conducting standardized contract transactions, he shall be punished in accordance with relevant laws and administrative regulations .
 
Article 76: Where 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 corrections within a time limit and may impose a fine of less than 10,000 yuan. The e-commerce platform operator among them shall be subject to this The penalties stipulated in the first paragraph of Article 81 of the Law:
 
   (1) Failing to publicize business license information, administrative license information, information that does not require registration of market entities, etc., or the link identification of the above information in a prominent position on the homepage;
 
   (2) Failing to continuously publicize relevant information on the termination of e-commerce in a prominent position on the homepage;
 
   (3) The method and procedure for user information query, correction, deletion, and user logout are not clearly indicated, or unreasonable conditions are set for user information query, correction, deletion, and user logout.
 
   If an e-commerce platform operator fails to take necessary measures against the operator on the platform that violates the provisions of the preceding paragraph, the market supervision and management department shall order it to make corrections within a time limit, and may impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
 
Article 77 If an e-commerce operator violates the provisions of Article 18, paragraph 1, of this law to provide search results, or violates the provisions of Article 19 of this law to sell goods or services, the market supervision and administration department shall order corrections within a time limit and confiscate them For illegal gains, a fine of not less than 50,000 yuan but not more than 200,000 yuan may be imposed; if the circumstances are serious, a fine of not less than 200,000 yuan but not more than 500,000 yuan may be imposed.
 
Article 78: If an e-commerce operator violates the provisions of Article 21 of this law, fails to clearly indicate to consumers the method and procedure of deposit refund, sets unreasonable conditions for deposit refund, or fails to return the deposit in time, the relevant competent department If a correction is ordered within a time limit, a fine of 50,000 yuan to 200,000 yuan may be imposed; if the circumstances are serious, a fine of 200,000 yuan but not more than 500,000 yuan may be imposed.
 
Article 79: Where an e-commerce operator violates the provisions of laws and administrative regulations on the protection of personal information, or fails to perform the cyber security guarantee obligations stipulated in Article 30 of this law and relevant laws and administrative regulations, the The law and other laws and administrative regulations provide for punishment.
 
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, a fine of 20,000 to 100,000 shall be imposed; if the circumstances are serious, it shall be ordered to suspend business for rectification, and Impose a fine of 100,000 yuan to 500,000 yuan:
 
   (1) Failure to perform the verification and registration obligations as prescribed in Article 27 of this Law;
 
  (2) Failing to submit relevant information to the market supervision and management department and the taxation department in accordance with Article 28 of this Law;
 
  (3) Failing to take necessary measures to deal with illegal situations in accordance with Article 29 of this Law, or failing to report to the relevant competent authority;
 
  (4) Failure to perform the obligation to preserve goods and service information and transaction information as prescribed in Article 31 of this Law.
 
  Where laws and administrative regulations provide otherwise for the punishments for the violations specified in the preceding paragraph, follow those provisions.
 
Article 81: Where an e-commerce platform operator violates the provisions of this law by committing one of the following acts, the market supervision and management department shall order corrections within a time limit and may impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if the circumstances are serious, ten A fine of not less than 10,000 yuan but not more than 500,000 yuan:
 
   (1) Failing 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) Modifying the trading rules without publicly soliciting comments in a prominent position on the homepage, failing to publicize the modified content in advance according to the prescribed time, or preventing the operator from withdrawing on the platform;
 
  (3) Failure to distinguish between self-operated business and business carried out by operators on the platform in a significant way;
 
   (4) Failing to provide consumers with a way to evaluate the products sold or services provided on the platform, or deleting consumer reviews without authorization.
 
   If an e-commerce platform operator violates Article 40 of this law by failing to clearly mark “advertisement” on the goods or services that are ranked by bidding, it shall be punished in accordance with the provisions of the Advertising Law of the People’s Republic of China.
 
  Article 82  E-commerce platform operators violate the provisions of Article 35 of this law by disobeying the transactions, transaction prices, or transactions with other operators on the platform.Where reasonable restrictions or unreasonable conditions are attached, or unreasonable fees are charged to operators on the platform, the market supervision and management department shall order corrections within a time limit, and may impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are serious, fifty thousand will be imposed. A fine of not less than 10,000 yuan but not more than 2 million yuan.
 
Article 83: The operator of an e-commerce platform violates Article 38 of this law, fails to take necessary measures against the infringement of the legitimate rights and interests of consumers by the operators on the platform, or fails to fulfill the qualification review obligations of the operators on the platform, Or for consumers who fail to fulfill their safety guarantee obligations, the market supervision and management department shall order corrections within a time limit, and may impose a fine of 50,000 yuan to 500,000 yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification and impose a fine of more than 500,000 yuan. A fine of less than two million yuan.
 
Article 84: If an e-commerce platform operator violates the provisions of Article 42 and Article 45 of this Law and fails to take necessary measures in accordance with the law against the infringement of intellectual property rights by the operator on the platform, the relevant intellectual property administrative department shall order it Corrections within a time limit; failure to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed.
 
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 false or misleading commercial propaganda and other unfair competition behaviors, and abuse their dominant market position , Or infringement of intellectual property rights, infringement of consumer rights, etc., shall be punished in accordance with relevant laws.
 
   Article 86   If an e-commerce operator commits an illegal act as stipulated in this law, it shall be recorded in the credit file in accordance with the relevant laws and administrative regulations, and shall be publicized.
 
Article 87: The staff of the department responsible for the supervision and management of e-commerce in accordance with the law neglects their duties, abuses their power, engages in malpractice for personal gains, or leaks, sells or illegally provides to others the personal information, privacy, and business they know in the performance of their duties. If it is secret, legal responsibility shall be investigated according to law.
 
   Article 88   Violation of the provisions of this law, which constitutes a violation of public security management, shall be given public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
 
   Chapter Seven
 
   Article 89   This law shall come into force on January 1, 2019.

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