Draft Amendments to E-Commerce Law Open for Public Comment: Key Points to Note

Deep News10:30

The State Administration for Market Regulation and the Ministry of Commerce have initiated a public consultation period for the drafted "Amendments to the E-Commerce Law of the People's Republic of China (Draft for Solicitation of Comments)".

The draft amendment document comprises twenty articles, with primary content focused on five key areas. First, it aims to broaden the scope of the law's application. Building upon the current framework governing platform operators and in-platform merchants, it seeks to further clarify the rights and obligations of other participants in the platform economy.

Second, it intends to improve the platform accountability system. Beyond the existing fixed-amount fines and orders for rectification through suspension of business, the draft proposes to diversify regulatory tools to support routine and sustained oversight.

Third, it clarifies a collaborative mechanism for regulatory synergy. In response to the cross-boundary and mixed-operation nature of the platform economy, the draft adds the principle of consistent management for online and offline business activities, aiming to strengthen integrated oversight through inter-departmental coordination and collaboration between central and local authorities.

Fourth, it aims to regulate prominent illegal activities in e-commerce. Focusing on issues that have drawn significant public concern in practice, the draft revises and refines corresponding provisions to effectively address societal demands.

Fifth, it seeks to deepen openness and cooperation in e-commerce. The draft promotes the alignment of e-commerce rules, regulations, management, and standards with international norms, enhances industry self-regulation, guides orderly expansion overseas, introduces countermeasures against external actions, and safeguards the legitimate rights and interests of enterprises.

In the next phase, the State Administration for Market Regulation and the Ministry of Commerce will refine the draft amendments based on feedback received during the public consultation. They will then work to expedite the revision and promulgation of the E-Commerce Law, aiming to solidify the legal foundation for innovation and the healthy development of the platform economy.

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