Electronic Commerce Law of the People's Republic of China

catalogue

Chapter I General provisions

Chapter two e-commerce operators

Section I General provisions

Section 2 E-commerce platform operators

The third chapter is the conclusion and performance of e-commerce contract

Chapter IV e-commerce dispute resolution

Chapter V e-commerce promotion

Chapter VI Legal liability

Chapter VII Supplementary Provisions

Chapter I General provisions

Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of the parties to e-commerce, regulating the conduct of e-commerce, maintaining market order and promoting 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 "electronic commerce" as used in this Law refers to the business activities of selling commodities or providing services through the Internet and other information networks.

Where laws or administrative regulations have provisions on the sale of commodities or the provision of services, such provisions shall apply. This Law shall not apply to financial products and services, and services providing news information, audio and video programs, publishing, cultural products and other content through information networks.

Article 3 The State encourages the development of new forms of e-commerce, innovates business models, promotes the research and development, popularization and application of e-commerce technology, promotes the construction of e-commerce integrity system, and creates a market environment conducive to the innovation and development of e-commerce. Give full play to the important 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 activities. People's governments at all levels and relevant departments shall not adopt discriminatory policies and measures, and shall not abuse administrative power to exclude or restrict market competition.

Article 5 In conducting business activities, e-commerce operators shall abide by the principles of volunariness, equality, fairness and good faith, abide by laws and business ethics, participate in market competition fairly, fulfill the obligations of consumer rights and interests protection, environmental protection, intellectual property protection, network security and personal information protection, assume the responsibility for product and service quality, and accept the supervision of the government and society.

Article 6 The relevant departments of The State Council shall be responsible for the promotion, supervision and administration of the development of e-commerce according to the division of duties. Local people's governments at or above the county level may, in accordance with the actual situation of their respective administrative areas, determine the division of responsibilities of electronic commerce departments within their respective administrative areas.

Article 7 The State establishes a collaborative management system in line with the characteristics of e-commerce, and promotes the formation of an e-commerce market governance system with the participation of relevant departments, e-commerce industry organizations, e-commerce operators and consumers.

Article 8 The e-commerce industry organizations shall, in accordance with the articles of association, carry out industry self-discipline, establish and improve industry norms, promote the construction of industry integrity, supervise and guide the operators of the industry to participate in market competition fairly.

Chapter two e-commerce operators

Section I General provisions

Article 9 The term "e-commerce operators" as used in this Law refers to natural persons, legal persons and unjuridical organizations engaged in business activities of selling commodities or providing services through the Internet and other information networks, including e-commerce platform operators, in-platform operators and e-commerce operators who sell commodities or provide services through self-built websites and other online 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 for the two or more parties to the transaction in e-commerce for the two or more parties to independently carry out transaction activities.

The term "platform operators" as used in this Law refers to e-commerce operators that sell commodities or provide services through e-commerce platforms.

Article 10 E-commerce operators shall register as market entities according to law. However, individuals selling self-produced agricultural and sideline products, cottage industry products, individuals using their own skills to engage in convenient labor activities and small and sporadic transactions without obtaining permission according to law, and do not need to register in accordance with laws and administrative regulations.

Article 11 E-commerce operators shall fulfill their tax obligations according to law and enjoy tax incentives according to 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 the law on the administration of tax collection and administrative regulations, and truthfully declare and pay tax after the occurrence of their first tax payment obligation.

Article 12 If an e-commerce operator is engaged in business activities and needs to obtain relevant administrative licenses according to law, it shall obtain administrative licenses according to law.

Article 13 The commodities sold or the services provided by e-commerce operators shall meet the requirements of personal and property safety and environmental protection, and shall not sell or provide commodities or services prohibited by laws and administrative regulations.

Article 14 An e-commerce operator selling commodities or providing services shall issue purchase vouchers or service documents such as paper invoices or electronic invoices according to law. Electronic invoices have the same legal effect as paper invoices.

Article 15 An e-commerce operator shall, in a prominent position on its home page, continue to publicize business license information, administrative license information related to its business, information that is not required to register as a market entity in accordance with Article 10 of this Law, or the link identification of the above information.

If the information specified in the preceding paragraph is changed, the e-commerce operator shall update the publicity information in a timely manner.

Article 16 Where an e-commerce operator terminates its engagement in e-commerce on its own, it shall continue to publicize relevant information in a prominent position on the home page 30 days in advance.

Article 17 E-commerce operators shall disclose commodity or service information in a comprehensive, true, accurate and timely manner to protect consumers' right to know and choice. E-commerce operators shall not carry out false or misleading commercial publicity by means of fictitious transactions, fabricating user evaluations, etc., to deceive and mislead consumers.

Article 18 Where an e-commerce operator provides search results of commodities or services to a consumer based on his or her interests, hobbies, consumption habits and other characteristics, he or she shall at the same time provide the consumer with options that are not targeted at his or her personal characteristics, and respect and equally protect the legitimate rights and interests of consumers.

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

Article 19 An e-commerce operator shall bring to the attention of consumers in a conspicuous manner the sale of commodities or services, and shall not take the sale of commodities or services as an option of tacit consent.

Article 20 An e-commerce operator shall deliver commodities or services to consumers in accordance with the manner and time limit promised or agreed with consumers, and bear the risks and responsibilities in the transportation of commodities. However, with the exception of consumers choosing express logistics service providers.

Article 21 Where an e-commerce operator collects a deposit from a consumer in accordance with the agreement, it shall specify the method and procedure for the deposit return, and shall not set unreasonable conditions for the deposit return. If the consumer applies for the refund of the deposit and meets the conditions for the refund of the deposit, the e-commerce operator shall return it in time.

Article 22 Where an e-commerce operator has a dominant market position due to such factors as its technological advantages, the number of users, its ability to control the relevant industries and the degree of dependence of other operators on the e-commerce operator in the transaction, it shall not abuse its dominant market position to exclude or restrict competition.

Article 23 In collecting and using the personal information of its users, e-commerce operators shall comply with the provisions of laws and administrative regulations on the protection of personal information.

　

Article 24 An e-commerce operator shall express the ways and procedures of user information inquiry, correction, deletion and user deregistration, and shall not set unreasonable conditions for user information inquiry, correction, deletion and user deregistration.

An e-commerce operator receiving an application for querying, correcting or deleting user information shall promptly provide querying, correcting or deleting user information after verifying the identity. If a user is logged out, the e-commerce operator shall immediately delete the user's information; If stored in accordance with the provisions of laws or administrative regulations or as agreed by both parties, such provisions shall apply.

Article 25 Where relevant competent departments require e-commerce operators to provide relevant e-commerce data and information in accordance with laws and administrative regulations, e-commerce operators shall do so. Relevant competent authorities shall take necessary measures to protect the security of the data information provided by e-commerce operators, and strictly keep confidential the personal information, privacy and business secrets therein, 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 provisions on import and export supervision and administration.

Section 2 E-commerce platform operators

27th e-commerce platform operators should apply to enter the platform to sell goods or provide services operators to submit their identity, address, contact information, administrative license and other true information, verification, registration, establishment of registration files, and regular verification and update.

An e-commerce platform operator providing services to non-business users who enter the platform to sell commodities or provide services shall comply with the relevant provisions of this section.

28th e-commerce platform operators shall, in accordance with the provisions of the market supervision and administration department to submit the platform operators' identity information, prompt the market entity registration of business operators, and cooperate with the market supervision and administration department, in view of the characteristics of e-commerce, should handle the registration of market entities to facilitate the registration of business operators.

An e-commerce platform operator shall, in accordance with the provisions of the law on the administration of tax collection and administrative regulations, submit the identity information and tax-related information of the platform operator to the tax department, and shall prompt an e-commerce operator that is not required to register as a market entity according to the provisions of Article 10 of this Law to register for tax purposes in accordance with the provisions of paragraph 2 of Article 11 of this Law.

Article 29 Where an e-commerce platform operator finds that the commodity or service information in the platform violates the provisions of Article 12 and Article 13 of this Law, it shall take necessary disposal measures according to 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 network, 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, and when network security incidents occur, they shall immediately initiate emergency plans, take appropriate remedial measures, and report to the relevant competent authorities.

Article 31 Operators of e-commerce platforms shall record and save the commodity and service information and transaction information published on the platform, and ensure the integrity, confidentiality and availability of the information. The period of storage of commodity and service information and transaction information shall not be less than three years from the date of completion of the transaction; Where laws or administrative regulations provide otherwise, such provisions shall prevail.

Article 32 E-commerce platform operators shall follow the principles of openness, fairness and justice, formulate platform service agreements and trading rules, and clarify the rights and obligations of entering and exiting the platform, quality assurance of goods and services, protection of consumers' rights and interests, and protection of personal information.

Article 33 E-commerce platform operators shall continue to publicize the platform service agreement and trading rules information or the link identification of the above information in a prominent place on their home page, and ensure that operators and consumers can conveniently and completely read and download.

Article 34 When modifying the platform service agreement and trading rules, the operator of an e-commerce platform shall publicly solicit opinions in a prominent position on its home page and take reasonable measures to ensure that the relevant parties can express their opinions in a timely and full manner. Changes shall be made public at least seven days before implementation.

If the operator within the platform does not accept the modified content and asks to withdraw from the platform, the operator of the e-commerce platform shall not prevent it and bear the relevant responsibilities in accordance with the service agreement and trading rules before the modification.

Article 35 An e-commerce platform operator shall not use service agreements, trading rules, technology and other means to impose unreasonable restrictions on or attach unreasonable conditions to the transactions, trading prices and transactions with other operators within the platform, or to charge unreasonable fees to the operators within the platform.

Article 36th e-commerce platform operators in accordance with the platform service agreement and trading rules to the platform operators in violation of laws and regulations to implement warning, suspension or termination of services and other measures, should be publicized in a timely manner.

Article 37 Where an e-commerce platform operator carries out self-operated business on its platform, it shall distinguish and mark in a significant way the self-operated business and the business carried out by operators within the platform, and shall not mislead consumers.

An e-commerce platform operator shall bear the civil liability of a commodity seller or service provider in accordance with the law for the business marked as self-operated.

Article 38 If an e-commerce platform operator knows or should know that the commodities sold or services provided by the platform operator do not meet the requirements of protecting personal and property safety, or has other acts infringing on the legitimate rights and interests of consumers, and fails to take necessary measures, it shall bear joint and several liabilities with the platform operator according to law.

For the commodities or services related to the life and health of consumers, the operator of an e-commerce platform fails to fulfill the obligation to review the qualifications of the operators within the platform, or fails to fulfill the obligation to protect the safety of consumers, resulting in damage to consumers, shall bear the corresponding responsibility according to law.

39th e-commerce platform operators shall establish a sound credit evaluation system, public credit evaluation rules, to provide consumers with a way to evaluate the goods sold or services provided in the platform.

E-commerce platform operators shall not delete consumers' comments on the commodities sold or services provided on their platforms.

Article 40 An e-commerce platform operator shall display the search results of commodities or services to consumers in various ways based on the price, sales volume and credit of commodities or services; For commodities or services ranked by bidding, "advertising" shall be clearly marked.

Article 41 E-commerce platform operators shall establish rules for the protection of intellectual property rights, strengthen cooperation with intellectual property rights holders, and protect intellectual property rights according to law.

Article 42 Where an intellectual property right holder considers that its intellectual property rights have been infringed, it shall have the right to notify the e-commerce platform operator to take necessary measures such as deleting, blocking, disconnecting links, terminating transactions and services. The notice shall include prima facie evidence of infringement.

After receiving the notice, the e-commerce platform operator shall promptly take necessary measures and transmit the notice to the platform operator; If necessary measures are not taken in time, the company shall be jointly and severally liable for the expanded part of the damage and the operators within the platform.

Where the wrong notification causes damage to the operators within the platform, it shall bear civil liability according to law. Where a wrong notice is issued maliciously, causing losses to operators within the platform, it shall be doubly liable for compensation.

Article 43 A business operator within the platform may, after receiving the notification transmitted, submit a statement of non-infringement to the e-commerce platform operator. The declaration should include prima facie evidence of non-infringement.

After receiving the statement, the operator of an e-commerce platform shall transmit the statement to the intellectual property right holder who issued the notice, and inform it that it may lodge a complaint with the relevant competent department or bring a suit in a people's court. Where the operator of an e-commerce platform fails to receive a notice of complaint or prosecution from the right holder within 15 days after the transfer statement reaches the intellectual property right holder, it shall terminate the measures taken in a timely manner.

Article 44 An e-commerce platform operator shall promptly publicize the notices, declarations and processing results provided for in Article 42 and Article 43 of this Law.

Article 45 Where an e-commerce platform operator knows or should know that an operator on the platform infringes intellectual property rights, it shall take necessary measures such as deleting, blocking, disconnecting links, terminating transactions and services; Failure to take necessary measures shall bear joint and several liability with the infringer.

Article 46 In addition to the services provided in paragraph 2 of Article 9 of this Law, an e-commerce platform operator may, in accordance with the platform service agreement and trading rules, provide warehousing, logistics, payment and settlement, settlement and other services for e-commerce between operators. E-commerce platform operators shall comply with laws, administrative regulations and relevant provisions of the state in providing services for e-commerce among operators, and shall not conduct transactions by centralized bidding, market makers and other centralized trading methods, and shall not conduct standardized contract transactions.

The third chapter is the conclusion and performance of e-commerce contract

Article 47 The conclusion and performance of contracts by e-commerce parties shall be governed by the provisions of this chapter, the General Provisions of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Law of the People's Republic of China on Electronic Signatures and other laws.

Article 48 The use of an automatic information system by an electronic commerce party to conclude or perform a contract shall have legal effect on the party using the system.

In electronic commerce, it is presumed that the parties have the corresponding capacity for civil conduct. Except where evidence to the contrary is sufficient to disprove.

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

Electronic commerce operators may not agree by standard terms or other means that the contract is invalid after the consumer pays the price; If the standard terms and conditions contain such content, the content shall be invalid.

Article 50 The e-commerce operator shall clearly, comprehensively and clearly inform the user of the steps, precautions, downloading methods and other matters to conclude the contract, and ensure that the user can conveniently and completely read and download.

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

Article 51 Where the subject matter of a contract is a commodity to be delivered and delivered by express logistics, the time of receipt by the consignee shall be the time of delivery. If the object of the contract is the provision of services, the time specified in the generated electronic or physical certificate shall be the time of delivery; If the time specified in the aforesaid certificate is not specified or is inconsistent with the actual service time, the actual service time shall be the delivery time.

If the object of contract is delivered by means of online transmission, the time when the object of contract enters the specific system designated by the other party and can be retrieved and identified is the time of delivery.

If the parties to the contract have agreed otherwise on the method and time of delivery, such agreement shall prevail.

Article 52 Electronic commerce parties may agree to deliver commodities by express logistics.

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. Express logistics service providers, when delivering goods, shall prompt the consignee to check in person; Where it is handed over to another person for collection, the consent of the consignee shall be obtained.

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

Express logistics service providers, while providing express logistics services, may accept the entrustment of e-commerce operators to provide collection services.

Article 53 The parties to e-commerce may agree to pay the price by electronic payment.

Electronic payment service providers providing electronic payment services for e-commerce shall comply with the provisions of the state, inform users of the functions, methods of use, precautions, related risks and charging standards of electronic payment services, and shall not attach unreasonable transaction conditions. Electronic payment service providers shall ensure that electronic payment instructions are complete, consistent, traceable and immutable.

Electronic payment service providers shall provide users with reconciliation services and transaction records for the last three years free of charge.

Article 54 Where an electronic payment service provider provides electronic payment services that do not meet the relevant requirements of the State for payment security management and cause losses to users, it shall be liable for compensation.

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

If a payment order is wrong, the electronic payment service provider shall promptly find out the cause and take relevant measures to correct it. If the user's loss is caused, the electronic payment service provider shall bear the liability for compensation, except that it can be proved that the payment error is not caused by its own reasons.

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

Article 57 The user shall properly keep the transaction password, electronic signature data and other security tools. Users who find that the security tool is lost, stolen or unauthorized payment shall promptly notify the electronic payment service provider.

Losses caused by unauthorized payments shall be borne by the electronic payment service provider; Electronic payment service providers are able to prove that unauthorized payments are caused by the fault of the user and are not liable.

When the electronic payment service provider finds that the payment order is unauthorized, or receives a notice that the user's payment order is unauthorized, it shall take immediate measures to prevent further losses. If the electronic payment service provider fails to take measures in time, resulting in the expansion of losses, it shall bear the responsibility for the expansion of losses.

Chapter IV e-commerce dispute resolution

Article 58 The State encourages e-commerce platform operators to establish a guarantee mechanism for the quality of goods and services conducive to the development of e-commerce and the protection of consumers' rights and interests.

Where an e-commerce platform operator and an operator within the platform agree to establish a consumer rights and interests deposit, the two parties shall make a clear agreement on the amount of withdrawal, management, use and refund of the consumer rights and interests deposit.

The relevant provisions of the Law on the Protection of Consumer Rights and Interests of the People's Republic of China shall apply to the demand of the e-commerce platform operator to bear the liability of compensation in advance and the recovery of the e-commerce platform operator from the platform operator after compensation.

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

Article 60 Electronic commerce disputes may be settled through negotiation, request consumer organizations, trade associations or other legally established mediation organizations to mediate, complain to the relevant departments, submit to arbitration, or bring a lawsuit.

Article 61 When a consumer purchases commodities or receives services on an e-commerce platform and disputes arise between the operator of the platform, the operator of the e-commerce platform shall actively assist the consumer in safeguarding the legitimate rights and interests.

Article 62 In the settlement of e-commerce disputes, e-commerce operators shall provide the original contract and transaction records. If an e-commerce operator loses, forges, falsifies, destroys, conceals or refuses to provide the aforementioned materials, so that the people's court, arbitration institution or relevant authorities cannot find out the facts, the e-commerce operator shall bear the corresponding legal responsibility.

Article 63 An e-commerce platform operator may establish an online dispute resolution mechanism, formulate and publicize dispute resolution rules, and resolve the disputes of the parties fairly and impartially in accordance with the principle of voluntanism.

Chapter V 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 their 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 the 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 network, improves the statistical system of e-commerce, and strengthens the construction of e-commerce standard system.

Article 67 The State promotes the application of e-commerce in all fields of the national economy and supports the integrated development of e-commerce and other industries.

Article 68 The State promotes the application of Internet technology in agricultural production, processing, circulation and other links, encourages all kinds of social resources to strengthen cooperation, promotes the development of rural e-commerce, and gives play to the role of e-commerce in precise poverty alleviation.

Article 69 The State maintains the security of e-commerce transactions, protects the information of e-commerce users, encourages the development and application of e-commerce data, and ensures the orderly and free flow of e-commerce data according to law.

The State has taken measures to promote the establishment of a public data sharing mechanism and promote the use of public data by e-commerce operators in accordance with the law.

Article 70 The State supports credit evaluation institutions established according to 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-exit inspection and quarantine, payment and settlement that adapt to the characteristics of cross-border e-commerce, improves the facilitation of all aspects of cross-border e-commerce, and supports operators of cross-border e-commerce platforms to provide warehousing, logistics, customs declaration, inspection and other services 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 administration departments shall promote the construction of comprehensive services and supervision systems for cross-border e-commerce customs declaration, tax payment, inspection and quarantine, optimize the supervision process, promote the realization of information sharing, mutual recognition of supervision and mutual assistance in law enforcement, and improve the efficiency of cross-border e-commerce services and supervision. Cross-border e-commerce operators may go through the relevant procedures with the national import and export administration 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 rules for e-commerce, and promotes international mutual recognition of electronic signatures and electronic identities.

The State promotes the establishment of cross-border e-commerce dispute resolution mechanisms with different countries and regions.

Chapter VI Legal liability

Article 74 Where an e-commerce operator sells commodities or provides services, fails to perform contractual obligations or fails to perform contractual obligations as agreed, or causes damage to others, it shall bear civil liability according to law.

Article 75 If an e-commerce operator violates the provisions of Article 12 and 13 of this Law by engaging in business activities without obtaining relevant administrative licenses, selling or providing commodities or services prohibited by laws or administrative regulations, or failing to fulfill the obligation to provide information as provided for in Article 25 of this Law, an e-commerce platform operator shall violate the provisions of Article 46 of this Law, Those who conduct transactions in the form of centralized transactions or standardized contract transactions shall be punished in accordance with the provisions of relevant laws and administrative regulations.

Article 76 Where an e-commerce operator commits any of the following acts in violation of the provisions of this Law, the market supervision and administration department shall order it to make corrections within a time limit and may impose a fine of not more than 10,000 yuan, and punish the e-commerce platform operator in accordance with the provisions of the first paragraph of Article 81 of this Law:

(1) failing to publicize business license information, administrative license information, information that does not require registration as a market entity, or a link to the above information;

(b) does not continue to publicize the termination of e-commerce information in a prominent position on the home page;

(3) failing to specify the methods and procedures for user information query, correction, deletion, and user logout, or setting unreasonable conditions for user information query, correction, deletion, and user logout.

Where an e-commerce platform operator fails to take necessary measures against the platform operator who 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 Where an e-commerce operator provides search results in violation of the provisions of the first paragraph of Article 18 of this Law, or links commodities and services in violation of the provisions of Article 19 of this Law, the market supervision and administration department shall order rectification within a time limit, confiscate the illegal gains, and may concurrently impose 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 shall also be imposed.

Article 78 Where an e-commerce operator, in violation of the provisions of Article 21 of this Law, fails to make clear to consumers the methods and procedures for the return of the deposit, sets unreasonable conditions for the return of the deposit, or fails to return the deposit in time, the relevant competent department shall order it to make corrections within a time limit and may impose 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 shall be imposed.

Article 79 An e-commerce operator who violates the provisions of laws and administrative regulations on the protection of personal information, or fails to fulfill the obligations of network security provided for in Article 30 of this Law and relevant laws and administrative regulations, shall be punished in accordance with the provisions of the Cyber Security Law of the People's Republic of China and other laws and administrative regulations.

Article 80 Where an e-commerce platform operator commits any of the following acts, the relevant competent department shall order correction within a time limit; Whoever fails to make corrections within the time limit shall be fined not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, he shall be ordered to suspend business for rectification and be fined not less than 100,000 yuan but not more than 500,000 yuan:

(1) failing to perform the verification and registration obligations provided for in Article 27 of this Law;

(2) failing to submit relevant information to market supervision and administration departments or tax departments in accordance with Article 28 of this Law;

(3) failing to take necessary measures to deal with the violation of the law in accordance with the provisions of Article 29 of this Law, or failing to report to the relevant competent authorities;

(4) failing to perform the obligations of preserving commodity and service information and transaction information provided for in Article 31 of this Law.

Where laws and administrative regulations provide otherwise for the punishment of the illegal acts prescribed in the preceding paragraph, such provisions shall apply.

Article 81 Where an operator of an e-commerce platform violates the provisions of this Law and commits any of the following acts, 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; If the circumstances are serious, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed:

(A) does not continue to publicize the platform service agreement, trading rules information or the link identification of the above information in a prominent position on the home page;

(2) The modification of trading rules does not publicly solicit opinions in a prominent position on the home page, does not publicize the modification content in advance according to the prescribed time, or prevents the operator from withdrawing from the platform;

(3) failing to distinguish and mark in a significant way the self-operated business and the business carried out by operators within the platform;

(4) Failing to provide consumers with a way to evaluate the commodities sold or services provided on the platform, or deleting consumers' evaluations without authorization.

An e-commerce platform operator who, in violation of the provisions of Article 40 of this Law, does not clearly indicate "advertisement" on the commodities or services listed by bidding shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.

Article 82 Where an e-commerce platform operator, in violation of the provisions of Article 35 of this Law, imposes unreasonable restrictions on or imposes unreasonable conditions on the transactions, transaction prices or transactions with other business operators within the platform, or charges unreasonable fees to the business operators within the platform, the market supervision and administration department shall order it to make corrections within a time limit. May be imposed 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 shall be imposed.

Article 83 Where an e-commerce platform operator, in violation of the provisions of Article 38 of this Law, fails to take necessary measures against the acts of the platform operator infringing on the legitimate rights and interests of consumers, or fails to fulfill the obligations of qualification examination for the platform operator, or fails to fulfill the obligations of safety protection for consumers, the market supervision and administration department shall order rectification within a time limit. May be imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan; If the circumstances are serious, he shall be ordered to suspend business for rectification and be fined not less than 500,000 yuan but not more than 2 million yuan.

Article 84 Where an e-commerce platform operator, in violation of the provisions of Article 42 and Article 45 of this Law, fails to take necessary measures to infringe intellectual property rights on the platform operator, the relevant intellectual property administrative department shall order rectification within a time limit; Whoever fails 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 An e-commerce operator who, in violation of the provisions of this Law, sells commodities or provides services that do not meet the requirements for the protection of personal and property safety, engages in acts of unfair competition such as false or misleading commercial publicity, abuses its dominant market position, or engages in acts of infringing intellectual property rights or infringing on the rights and interests of consumers, shall be punished in accordance with the provisions of relevant laws.

Article 86 Where an e-commerce operator commits an illegal act as provided for in this Law, it shall be recorded in the credit file in accordance with the provisions of relevant laws and administrative regulations and be publicized.

Article 87 Where any staff member of the department responsible for the supervision and administration of electronic commerce according to law neglects his duty, abuses his power, engages in malpractices for personal gain, or divulges, sells or illegally provides to others the personal information, privacy and business secrets that he has learned in the performance of his duties, he shall be investigated for legal responsibility according to law.

Article 88 Whoever violates the provisions of this Law and constitutes an act violating the administration of public security shall be punished for the administration of public security according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 89 This Law shall come into force as of January 1, 2019.