"E-Commerce Law of the People's Republic of China"

Chapter 1 General Provisions

Article 1 This law is formulated in order to protect the legitimate rights and interests of all parties involved in e-commerce, regulate e-commerce behavior, maintain market order, and promote the sustainable and healthy development of e-commerce.

Article 2 This Law shall apply to e-commerce activities within the territory of 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.

If laws or 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, cultural products and other content services.

Article 3 The state encourages the development of new forms of e-commerce, innovates business models, promotes the research and development, promotion and application of e-commerce technology, promotes the construction of an e-commerce integrity system, creates a market environment conducive to the innovative development of e-commerce, and gives full play to the role of e-commerce in promoting high-quality 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 businesses. People's governments at all levels and relevant departments shall not adopt discriminatory policies and measures or abuse administrative power to eliminate or restrict market competition.

Article 5 When engaging in 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 fulfill consumer rights protection, environmental protection, intellectual property protection, network security and Obligations in terms of personal information protection, assume responsibility for product and service quality, and accept supervision from the government and society.

Article 6 The relevant departments of the State Council shall be responsible for the promotion, supervision and management 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 e-commerce department responsibilities within their respective administrative regions based on the actual conditions of their respective administrative regions.

Article 7: The state establishes a collaborative management system that conforms to 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, consumers, etc. jointly participate.

Article 8: E-commerce industry organizations shall carry out industry self-discipline in accordance with the organization's charter, establish and improve industry norms, promote industry integrity construction, and supervise and guide industry operators to participate in market competition fairly.

Chapter 2 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 business activities of selling goods or providing services through the Internet and other information networks, including e-commerce platform operators, operators within the platform and operators through E-commerce operators who build their own websites or other online services to sell goods or provide services.

The term "e-commerce platform operator" as used in this Law refers to a legal person or unincorporated organization that provides online business premises, transaction matching, information release and other services to two or more parties in e-commerce, allowing both or multiple parties to independently carry out trading activities.

The term "on-platform operators" 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 register market entities in accordance with the law. However, there are exceptions for individuals selling self-produced agricultural and sideline products and cottage industry products, individuals using their own skills to engage in convenience labor activities and sporadic small-amount transaction activities that do not require permission according to law, and those that do not need to be registered in accordance with laws and administrative regulations.

Article 11 E-commerce operators shall perform tax obligations in accordance with the law and enjoy tax benefits in accordance with the law.

E-commerce operators who are not required to register as market entities in accordance with the provisions of the preceding article shall apply for tax registration in accordance with the provisions of tax collection and management laws and administrative regulations after the first tax liability occurs, and declare taxes truthfully.

Article 12 If an e-commerce operator engages in business activities and needs to obtain relevant administrative licenses in accordance with the law, he shall obtain the administrative licenses in accordance with the law.

Article 13: The goods sold or services provided by e-commerce operators shall meet the requirements for ensuring personal and property safety and environmental protection requirements, and shall not sell or provide goods or services that are prohibited from trading by laws and 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 documents in accordance with the law. Electronic invoices have the same legal effect as paper invoices.

Article 15 E-commerce operators shall, in a conspicuous position on their homepage, continuously publish business license information, administrative licensing information related to their business operations, information that does not require market entity registration in accordance with Article 10 of this Law, or Link ID to the above information.

If the information specified in the preceding paragraph changes, e-commerce operators shall update the public information in a timely manner.

Article 16 If an e-commerce operator terminates e-commerce on its own initiative, it shall continue to publish relevant information in a prominent position on the homepage 30 days in advance.

Article 17 E-commerce operators shall disclose product or service information in a comprehensive, true, accurate and timely manner to protect consumers’ rights to know and choose. E-commerce operators shall not conduct false or misleading commercial promotions by means of fictitious transactions, fabricated user reviews, etc., to deceive or mislead consumers.

Article 18 When e-commerce operators provide search results for goods or services to consumers based on their interests, hobbies, consumption habits and other characteristics, they shall also provide the consumer with options that are not targeted at their personal characteristics, respect and equally protect consumers. legitimate rights and interests.

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

Article 19 When e-commerce operators sell tying goods or services, they shall draw consumers' attention in a conspicuous manner and shall not use tying goods or services as a default consent option.

Article 20 E-commerce operators shall deliver goods or services to consumers in the manner and time limit as promised or agreed with consumers, and shall bear the risks and responsibilities in the transportation of goods. However, this is excepted if consumers choose another express logistics service provider.

Article 21: When e-commerce operators collect deposits from consumers as agreed, they shall clearly state the methods and procedures for refunding the deposits, and shall not set unreasonable conditions for the refund of deposits. If a consumer applies for a refund of the deposit and meets the conditions for deposit refund, the e-commerce operator shall refund it in a timely manner.

Article 22 If an e-commerce operator has a dominant market position due to factors such as its technical advantages, number of users, ability to control relevant industries, and other operators' dependence on the e-commerce operator for transactions, it shall not abuse it. Dominant market position eliminates or restricts competition.

Article 23: E-commerce operators who collect and use the personal information of their users shall comply with the provisions of laws and administrative regulations on the protection of personal information.

Article 24: E-commerce operators shall clearly state 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.

If an e-commerce operator receives an application for inquiry, correction, or deletion of user information, it shall promptly provide the inquiry or correction or deletion of user information after verifying the identity. If a user logs out, the e-commerce operator shall immediately delete the user's information; if it is preserved in accordance with the provisions of laws, administrative regulations or as agreed by both parties, such provisions shall apply.

Article 25: If the relevant competent authorities require e-commerce operators to provide relevant e-commerce data 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 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 engaging in cross-border e-commerce shall abide by laws, administrative regulations and relevant national regulations on import and export supervision and management.

Section 2 E-commerce platform operators

Article 27 E-commerce platform operators shall require operators who apply to enter the platform to sell goods or provide services to submit their identity, address, contact information, administrative license and other true information, conduct verification and registration, establish registration files, and conduct regular verification renew.

E-commerce platform operators shall comply with the relevant provisions of this section when providing services to non-business users who enter the platform to sell goods or provide services.

Article 28 E-commerce platform operators shall submit the identity information of operators on the platform to the market supervision and management department in accordance with regulations, remind operators who have not registered as market entities to register in accordance with the law, and cooperate with the market supervision and management department to target electronic The characteristics of commerce provide convenience for operators who should register as market entities.

E-commerce platform operators shall, in accordance with the provisions of tax collection and management laws and administrative regulations, submit the identity information of operators on the platform and tax-related information to the tax department, and shall remind that there is no need to handle market transactions 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 Articles 12 and 13 of this Law, it shall take necessary disposal measures in accordance with the law and report to the relevant competent authorities.

Article 30 E-commerce platform operators 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 Internet, effectively respond to network security incidents, and ensure the safety of e-commerce transactions.

E-commerce platform operators should formulate contingency plans for network security incidents. When a network security incident occurs, they should immediately activate the contingency plan, take corresponding remedial measures, and report to the relevant competent authorities.

Article 31: E-commerce platform operators shall record and save the product and service information and transaction information published on the platform, and ensure the integrity, confidentiality, and availability of the information. Commodity and service information and transaction information shall be kept for no less than three years from the date of completion of the transaction; if laws and administrative regulations provide otherwise, such provisions shall prevail.

Article 32 E-commerce platform operators shall follow the principles of openness, fairness and impartiality, formulate platform service agreements and transaction rules, and clarify aspects such as entry and exit from the platform, product and service quality assurance, consumer rights protection, and personal information protection. rights and obligations.

Article 33: E-commerce platform operators shall continue to publish the platform service agreement and transaction rules information or 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: When an e-commerce platform operator modifies the platform service agreement and transaction rules, it shall publicly solicit opinions in a prominent position on its homepage and take reasonable measures to ensure that relevant parties can fully express their opinions in a timely manner. Modifications shall be publicized at least seven days before implementation.

If an operator on the platform does not accept the modified content and requests to exit the platform, the e-commerce platform operator shall not stop it and shall bear 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, transaction prices and transactions with other operators on the platform. Reasonable conditions, or charging unreasonable fees to operators on the platform.

Article 36: If an e-commerce platform operator implements measures such as warning, suspending or terminating services based on the platform service agreement and transaction rules against operators on the platform that violate laws and regulations, it shall make a public announcement in a timely manner.

Article 37 If an e-commerce platform operator conducts self-operated business on its platform, it shall distinguish and mark the self-operated business and the business conducted by operators within the platform in a conspicuous manner, and shall not mislead consumers.

E-commerce platform operators shall bear the civil liability of product sellers or service providers in accordance with the law for their businesses marked as self-operated.

Article 38 An e-commerce platform operator knows or should know that the goods sold or services provided by operators on the platform do not meet the requirements for protecting personal or property safety, or there are other acts that infringe upon the legitimate rights and interests of consumers, but fails to take necessary measures. , bear joint and several liability with the operators on the platform in accordance with the law.

For goods or services that are related to the life and health of consumers, if an e-commerce platform operator fails to fulfill its obligation to review the qualifications of operators on the platform, or fails to fulfill its safety guarantee obligations to consumers, causing damage to consumers, it shall bear corresponding consequences according to law. Responsibility.

Article 39: E-commerce platform operators shall establish and improve credit evaluation systems, publicize credit evaluation rules, and provide consumers with ways to evaluate the goods sold or services provided on the platform.

E-commerce platform operators shall not delete consumers’ evaluations of 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 in various ways based on the price, sales volume, credit, etc. of goods or services; for goods or services ranked by competitive bidding, "advertisement" shall be clearly marked .

Article 41: E-commerce platform operators should establish rules for the protection of intellectual property rights, strengthen cooperation with intellectual property rights holders, and protect intellectual property rights in accordance with the law.

Article 42 If an intellectual property rights owner believes that his or her intellectual property rights have been infringed, he or she has the right to notify the e-commerce platform operator to take necessary measures such as deletion, blocking, disconnection of links, termination of transactions and services, etc. The notification shall include prima facie 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 operators on the platform; if the necessary measures are not taken in a timely manner, the e-commerce platform operator shall bear joint and several liability with the operators on the platform for the expanded part of the damage.

If an operator on the platform is harmed due to an error in notification, the operator shall bear civil liability in accordance with the law. If an incorrect notification is maliciously issued and causes losses to operators within the platform, the liability for compensation will be doubled.

Article 43: After receiving the forwarded notice, the operator on the platform may submit a statement of no infringement to the e-commerce platform operator. The declaration should include prima facie evidence that no infringement has occurred.

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 him or her that he or she may complain to the relevant competent authority or file a lawsuit in the People's Court. If an e-commerce platform operator fails to receive a complaint or lawsuit notice from the intellectual property right holder within fifteen days after the forwarded statement reaches the intellectual property rights holder, it shall promptly terminate the measures taken.

Article 44: E-commerce platform operators shall promptly publicize the notifications, statements and processing results provided for in Articles 42 and 43 of this Law.

Article 45 If an e-commerce platform operator knows or should know that an operator on the platform has infringed upon intellectual property rights, it shall take necessary measures such as deleting, blocking, disconnecting, and terminating transactions and services; if it fails to take necessary measures, it shall contact the infringer. Jointly and severally liable.

Article 46 In addition to the services specified in Paragraph 2 of Article 9 of this Law, e-commerce platform operators may provide warehousing, logistics, payment and settlement, and transaction services for e-commerce between operators in accordance with the platform service agreement and transaction rules. Collection services. E-commerce platform operators who provide services for e-commerce between operators shall abide by laws, administrative regulations and relevant national regulations. They shall not use centralized bidding, market making and other centralized trading methods to conduct transactions, and shall not conduct standardized contract transactions.

Chapter 3 Formulation and Performance of E-Commerce Contracts

Article 47 The conclusion and performance of contracts by e-commerce parties shall be governed by 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, the Electronic Signature Law of the People's Republic of China, and other laws.

Article 48: The act of an e-commerce party using an automated information system to conclude or perform a contract shall have legal effect on the party using the system.

In e-commerce, it is presumed that the parties concerned have corresponding civil capacity. However, this is excepted if there is sufficient contrary evidence to overturn the decision.

Article 49: If the product or service information published by an e-commerce operator meets the offer conditions, and the user successfully selects the product or service and submits the order, the contract is established. If the parties agree otherwise, such agreement shall prevail.

E-commerce operators shall not stipulate through format clauses and other means that the contract will not be established after the consumer pays the price; if the format clauses, etc. contain this content, their contents will be invalid.

Article 50 E-commerce operators shall clearly, comprehensively and clearly inform users of the steps for entering into a contract, precautions, downloading methods and other matters, and ensure that users can conveniently and completely read and download.

E-commerce operators should ensure that users can correct input errors before submitting orders.

Article 51: If the subject matter of the contract is the delivery of goods and the goods are delivered by express logistics, the time when the consignee signs for receipt shall be the time of delivery. If the subject matter of the contract is the provision of services, the time stated in the generated electronic or physical voucher shall be the delivery time; if the aforementioned voucher does not state the time or the time stated is inconsistent with the actual time of service provision, the time of actual provision of services shall be the delivery time.

The subject matter of the contract is delivered by online transmission. The time when the subject matter 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 any other agreement on the delivery method or delivery time, such agreement shall prevail.

Article 52: E-commerce parties may agree to use express logistics to deliver goods.

Express logistics service providers who provide 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 goods, express logistics service providers should prompt the consignee to inspect them in person; if the goods are handed over to others for collection, the consignee's consent must be obtained.

Express logistics service providers should use environmentally friendly packaging materials in accordance with regulations and achieve the reduction and reuse of packaging materials.

While providing express logistics services, express logistics service providers can accept the entrustment of e-commerce operators to provide payment collection services.

Article 53 The parties involved in e-commerce may agree to use electronic payment methods to pay the price.

Electronic payment service providers that provide electronic payment services for e-commerce shall comply with national regulations and inform users of the functions, usage methods, precautions, related risks, charging standards and other matters of electronic payment services, and shall not attach unreasonable transaction conditions. Electronic payment service providers should ensure that electronic payment instructions are complete, consistent, traceable and auditable and cannot be tampered with.

Electronic payment service providers should provide users with free reconciliation services and transaction records for the past three years.

Article 54 If an electronic payment service provider provides electronic payment services that do not comply with the relevant national payment security management requirements and causes losses to users, it shall bear liability for compensation.

Article 55: Before issuing a payment instruction, the user should check the complete information such as the amount and payee contained in the payment instruction.

If an error occurs in a payment instruction, the electronic payment service provider shall promptly find out the cause and take relevant measures to correct it. If losses are caused to users, the electronic payment service provider shall be liable for compensation, unless it can prove that the payment error was not caused by itself.

Article 56: After completing electronic payment, the electronic payment service provider shall promptly and accurately provide the user with payment confirmation information in accordance with the agreed method.

Article 57: Users should properly keep security tools such as transaction passwords and electronic signature data. If users discover that security tools have been lost, stolen, or unauthorized payments have been made, they should promptly notify the electronic payment service provider.

Loss caused by unauthorized payment shall be borne by the electronic payment service provider; the electronic payment service provider shall not be liable if it can prove that the unauthorized payment was caused by the user's fault.

When an electronic payment service provider discovers that a payment instruction is unauthorized, or receives a notification that a user's payment instruction is unauthorized, it shall immediately take measures to prevent the loss from expanding. If the electronic payment service provider fails to take timely measures, resulting in increased losses, it shall bear liability for the increased losses.

Chapter 4 E-commerce Dispute Resolution

Article 58: The state encourages e-commerce platform operators to establish commodity and service quality guarantee mechanisms that are conducive to the development of e-commerce and the protection of consumer rights and interests.

If an e-commerce platform operator agrees with an operator within the platform to set up 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.

The relevant provisions of the "Consumer Rights and Interests Protection Law of the People's Republic of China" shall apply when consumers require e-commerce platform operators to bear upfront liability for compensation and to recover compensation from operators within the platform after e-commerce platform operators have compensated.

Article 59: E-commerce operators shall establish a convenient and effective complaint and reporting mechanism, disclose information such as methods of complaints and reporting, and accept and handle complaints and reporting in a timely manner.

Article 60: E-commerce disputes may be resolved through negotiation and settlement, requesting mediation from consumer organizations, industry associations or other legally established mediation organizations, complaining to relevant departments, requesting arbitration, or filing a lawsuit, etc.

Article 61: When consumers purchase goods or receive services on an e-commerce platform and have a dispute with an operator on the platform, the e-commerce platform operator shall actively assist consumers in safeguarding their legitimate rights and interests.

Article 62: In handling e-commerce disputes, e-commerce operators shall provide original contracts and transaction records. If the e-commerce operator loses, forges, tamperes with, destroys, conceals or refuses to provide the aforementioned information, making it impossible for the people's court, arbitration institution or relevant authorities to ascertain the facts, the e-commerce operator shall bear corresponding legal liability.

Article 63: E-commerce platform operators may establish an online dispute resolution mechanism, formulate and publicize dispute resolution rules, and resolve disputes between parties fairly and impartially based on 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 e-commerce development 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, warehousing, and transportation, and promote the green development of e-commerce.

Article 66: The state promotes the construction of e-commerce infrastructure and logistics networks, improves the e-commerce statistical system, and strengthens 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 technology in agricultural production, processing, circulation and other links, encourages various social resources to strengthen cooperation, promotes the development of rural e-commerce, and gives full play to 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 ensures the orderly and free flow of e-commerce data in accordance with the law.

The state takes measures to promote the establishment of public data sharing mechanisms and promote e-commerce operators to use public data in accordance with the law.

Article 70: The state supports credit evaluation agencies established in accordance with the law to carry out e-commerce credit evaluation 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 management systems for customs, taxation, entry and exit inspection and quarantine, payment and settlement that adapt to the characteristics of cross-border e-commerce, improves the facilitation level of all aspects of cross-border e-commerce, and supports cross-border e-commerce. Cross-border e-commerce platform operators provide warehousing and logistics, customs declaration, inspection and other services 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 administration department shall promote the construction of a comprehensive service and supervision system for cross-border e-commerce customs declaration, tax payment, inspection and quarantine, optimize the supervision process, promote information sharing, mutual recognition of supervision, and 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 administration 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 e-commerce rules, and promotes international mutual recognition of electronic signatures, electronic identities, etc.

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 but fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, or causes damage to others, it 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 from trading by laws or administrative regulations, or failing to perform the provisions of this Law. In addition 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 adopting centralized trading methods or conducting standardized contract transactions, he shall be punished in accordance with the provisions of relevant laws and administrative regulations. .

Article 76 If an e-commerce operator violates the provisions of this Law and commits any of the following acts, the market supervision and management department shall order him to make corrections within a time limit and may impose a fine of not more than 10,000 yuan. The e-commerce platform operators among them shall be punished in accordance with this provision. The penalties stipulated in paragraph 1 of Article 81 of the Law are as follows:

If an e-commerce platform operator fails to take necessary measures against an operator within the platform that violates the provisions of the preceding paragraph, the market supervision and administration 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 Paragraph 1 of Article 18 of this Law by providing search results, or violates the provisions of Article 19 of this Law by tying goods or services, the market supervision and management department shall order it to make corrections within a time limit and confiscate it. Illegal gains may be subject to a fine of not less than 50,000 yuan but not more than 200,000 yuan; 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 by failing to clearly indicate to consumers the methods and procedures for refunding deposits, setting unreasonable conditions for the return of deposits, or failing to return deposits in a timely manner, the relevant competent authorities shall If ordered to make corrections within a time limit, 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 79 If an e-commerce operator violates the provisions of laws and administrative regulations regarding the protection of personal information, or fails to perform its network security obligations stipulated in Article 30 of this Law and relevant laws and administrative regulations, it shall be punished in accordance with the "Network Security of the People's Republic of China" Act and other laws and administrative regulations.

Article 80 If an e-commerce platform operator commits any of the following acts, the relevant competent authorities shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than RMB 20,000 but not more than RMB 100,000; if the circumstances are serious, it shall be ordered to suspend operations for rectification, and shall A fine of not less than 100,000 yuan but not more than 500,000 yuan is imposed:

If laws or administrative regulations otherwise provide for penalties for illegal acts specified in the preceding paragraph, those provisions shall prevail.

Article 81 If an e-commerce platform operator violates the provisions of this Law and commits any of the following acts, the market supervision and management department shall order him 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; if the circumstances are serious, he shall be fined 10 Fines ranging from RMB 10,000 to RMB 500,000:

If an e-commerce platform operator violates the provisions of Article 40 of this Law by failing to prominently mark "advertisement" on the goods or services ranked by competitive bidding, he shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.

Article 82 An e-commerce platform operator violates the provisions of Article 35 of this Law by imposing unreasonable restrictions or attaching unreasonable conditions to the transactions, transaction prices, or transactions with other operators on the platform. , or charges unreasonable fees from 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, a fine of not less than 500,000 yuan but not more than 2 million yuan may be imposed. the following fines.

Article 83 If an e-commerce platform operator violates the provisions of Article 38 of this Law and fails to take necessary measures against the infringement of the legitimate rights and interests of consumers by operators on the platform, or fails to fulfill its qualification review obligations for operators on the platform, Or if consumers fail to fulfill their safety guarantee obligations, the market supervision and management department shall order them to make 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, they may be ordered to suspend business for rectification and be fined not less than 500,000 yuan. A fine of not more than two million yuan.

Article 84 If an e-commerce platform operator violates the provisions of Articles 42 and 45 of this Law and fails to take necessary measures in accordance with the law against infringement of intellectual property rights by operators on the platform, the relevant intellectual property administrative department shall order Make corrections within a time limit; if corrections are not made within the time limit, a fine of not less than 50,000 yuan but not more than 500,000 yuan will be imposed; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 2 million yuan will be imposed.

Article 85 E-commerce operators violate the provisions of this Law by selling goods or providing services that do not meet the requirements for protecting personal and property safety, engaging in false or misleading commercial publicity and other unfair competition practices, and abusing market dominance. , or commit 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 any illegal act stipulated in this Law, it shall be recorded in the credit file and made public in accordance with the provisions of relevant laws and administrative regulations.

Article 87 Staff members of departments responsible for the supervision and management of e-commerce in accordance with the law neglect their duties, abuse their powers, engage in malpractice for personal gain, or leak, sell or illegally provide to others personal information, privacy and business information that they learn in the performance of their duties. If it is secret, legal responsibility will be pursued in accordance with the law.

Article 88 If a violation of the provisions of this Law constitutes a violation of public security management, public security management penalties shall be imposed in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Chapter 7 Supplementary Provisions

Article 89 This Law shall come into effect on January 1, 2019.

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