New Measures for E-commerce in China and pending reforms
On May 1, 2021 the Measures for the Supervision and Administration of Online Transactions published by State Administration for Market Regulation entered into force in China.
This new measures introduced 3 main rules for e-commerce activities:
1.Three Years Saving Rule
Livestreaming videos shall be saved for not less than three years from the end of the livestreaming.
This rule applies art. 31 of the Chinese e-commerce law, that establishes at least three years time for preservation of trading information from the date of completion of the transaction.
2.Principle of necessity in collecting and using consumers' personal information
The purpose, method and scope of collecting and using consumers' personal information must be clearly stated and freely accepted. Personal information collected and used shall be directly related to business activities.
3.Principle of voluntary equality
Ecommerce platforms shall not prohibit or restrict directly or indirectly the operators from choosing to carry out business activities on multiple platforms.
China’s new E-Commerce Law entered into force on 1 January 2019 and it is currently under a reforming process. Amendments have been open for public review until October 14, 2021.
Amongst main proposed changes in ecommerce law:
ecommerce licences can be revoked if the platform fail to take necessary measures against hosted operators, who infringe IP rights. For less serious infringements can be applied to the platform a maximum fine of 2 million RMB (approx 264.000 Euro).
The term of IP right owner for replying to alleged infringer in the ecommerce platform mediation proceeding is extended from 15 to 20 working days.
Avv. Lifang Dong and Avv. Chiara Civitelli
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