E-commerce and e-commerce operators The E-Commerce Law defines “electronic commerce” as business activities related to selling goods and services via information networks such as the Internet. If it is enforced, it could create an environment of greater trust, facilitating international trade. 0000001535 00000 n Jiangnan Zhu, Qi Zhang & Zhikuo Liu, Eating, Drinking, and Power Signaling in Institutionalized Authoritarianism: China’s Antiwaste Campaign Since 2012. This framework is broad in scope and will apply in respect of all e-commerce activities, both domestic and cross border (CBEC). The E-commerce Law of the People's Republic of China, adopted at the Fifth Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 31, 2018, is hereby promulgated and shall enter into force as of January 1, 2019. 0000000016 00000 n endstream endobj startxref Data encryption (Computer science)—Law and legislation. The implementation of these new regulations commenced on January 1, 20… hÞbbd```b``Αö ’‘D²pƒH¦™`Uɖej‘B RKDÊ®‘†¦@’ÑXHþ78ÇÀ4ù,ØLF*ÿW~0 6I Although Article 2 of the law states that it applies to e-commerce activities within the territory of the PRC, the various connection factors (e.g. Introduction The vigorous development of e-commerce in China in the past 15 years has made the sector hugely successful, but also slightly chaotic. China’s legislation is struggling to keep up with the rapid market growth, especially with reference to consumer protection and supervision. Electronic commerce—Law and legislation. E-commerce in China . The next chapter, eyond hina, sketches other e -commerce markets in a few South-East Asian countries. endstream endobj 382 0 obj <>/Metadata 40 0 R/PieceInfo<>>>/Pages 37 0 R/PageLayout/OneColumn/OCProperties<>/OCGs[383 0 R]>>/StructTreeRoot 42 0 R/Type/Catalog/LastModified(D:20170113154041)/PageLabels 35 0 R>> endobj 383 0 obj <. ))0�fۅ'`K��V��,�g6 - �B`��,004�h�ªX��a|p�2�C��~27�9@Vf`�pf ��-�30|����>�^��Qh#� �2AJ Retail sales up by 8.3% yoy in 1Q19 Total retail sales of consumer goods increased nominally by 8.3% year-on year (yoy) to reach 9.8 trillion yuan in The new e-commerce law of China is a step forward toward a more regulated and stable environment for China’s e-commerce development. For purposes of this Law, “e-commerce” means transactions of goods or services through the Internet or other information networks. 432 TSINGHUA CHINA LAW REVIEW [Vol. p. cm. This Law applies to e-commerce activities that take place within the territory of the People’s Republic of China or in which domestic e-commerce business entities or consumers participate in. The new e-commerce law of China is a step forward toward a more regulated and stable environment for China’s e-commerce development. Law of electronic commercial transactions : contemporary issues in the EU, US, and China / Faye Fangfei Wang. In 2018, the Tmall online shopping platform … %PDF-1.5 %âãÏÓ In fact, The Diplomat claims the e-commerce law is a mere codification of an already existing law established by China’s courts. 76 0 obj <>/Filter/FlateDecode/ID[<391916BC508DF0D93F65A0B40F2BEA5E><2513D47913679C4CBA33A21B34AF9938>]/Index[62 29]/Info 61 0 R/Length 86/Prev 542687/Root 63 0 R/Size 91/Type/XRef/W[1 3 1]>>stream However, the law’s provisions on IP protection seem to have attracted the most attention – both positive and negative. Certain provisions in the E-Commerce Law will directly impact cross-border e-commerce activities. œ–²=f%Ìf¢$“ñiÇq‰i-Î:ß%^øH\èHí•K^hàbqñia_‡¡.÷)y3û:L;'€Ä/²©˜Ìhû1õ˜Í‚#[uå4úÒ¬„9 Œ*åŸñ"+á ȨDzœÍRŒ Ttt4 ©ôŽ— Êu‡pÙ. The next chapter, eyond hina, sketches other e … and interests of e-commerce entities, regulating e-commerce conduct, maintaining market order, and promoting the continuous and sound development of ecommerce. 0000004295 00000 n hÞb```"MÉ@Ad`BŽ žÃ­d†Ç.ºxW0š0Oaú²ìƒG‚ôîÎ÷¾oý˜÷}X/G[”ë;Ã3 China’s e-commerce law: A sign of the (growing) times. China has become the world’s largest e-commerce market with online retail sales growing from US $20 billion in 2008 to over US $646 billion in 2015; the market is expected to reach US 1 trillion by 2019. China’s new E-Commerce Law has been in effect for a few months now and in this article I discuss its expected impact on various e-commerce players. The new regulation however contains a lot of ambiguous points such as the “low-value transactions” threshold. 24. Contracts— Automation. 0000002020 00000 n This could all change dramatically with China’s new e-commerce law, which holds the e-commerce platform operators jointly liable with the individual sellers for infringements. China’s new e-commerce law comes amid the country’s rapid development into the world’s largest e-commerce market, with estimated sales of US$1.53 trillion in 2018. AmCham Shanghai Insight Magazine Cover March/April 2019. 0000003801 00000 n The Company wishes to advise that late on Friday, 31 August, the legislative branch of the Chinese Government passed new law providing a framework in respect of e-commerce in China. 0000001724 00000 n 0000015048 00000 n China enacts first e-commerce law September 2018 1 Introduction On 31 August 2018, the Standing Committee of the National People's Congress ("NPC") passed China's first law regulating electronic commerce, the People's Republic of China e-Commerce Law (“e-Commerce Law”). 62 0 obj <> endobj Share + Add to Binder View PDF. China issues its second Draft E-Commerce Law December 2017 1 On 7 November 2017, the Standing Committee of the National People’s Congress ("NPC") published the second draft of the E-commerce Law (电子商务法(草案二次审议稿), "Draft"). endstream endobj 399 0 obj <>/Size 381/Type/XRef>>stream 18 October 2018, Intellectual Property. with e-commerce, in China. In chapter four the updated rules & regulations applicable to foreign entities engaging in cross-border e-commerce activities are explained, among which the previously mentioned E-Commerce Law. 0000004045 00000 n E-commerce Law of the People’s Republic of China (Adopted at the 5th Session of the Standing Committee of the Thirteenth National People’s Congress of the People’s Republic of China on 31 August 2018) C o n t en t s Chapter I General Provisions Chapter … startxref 1. <<5B8F03FA5FEEDB43BE71808ACBB23057>]>> 1. In fact, The Diplomat claims the e-commerce law is a mere codification of an already existing law established by China’s courts. This Law applies to e-commerce activities that take place within the territory of the People’s Republic of China or in which domestic e-commerce business entities or consumers participate in. On paper, at least, the law raises the standards for e-commerce. 0 1. Simultaneously published in the USA and Canada. Effective January 1 this year, the new law applies to e-commerce marketplaces like Taobao, WeChat, as well as any websites where goods are sold. Article 3 . 400 0 obj <>stream Lenses of Perception A Surprising New Look at the Origin of Life, the Laws of Nature, and Our Universe 381 20 1 According to the report, the volume of e-commerce transactions reached 9 trillion, an increase of 25.4% of physical goods over the same period the previous year. By means of making the world a global village with an ease to do business, e-commerce trading has gained ground. 0000002852 00000 n In less than a decade, China has become the largest e-commerce market in the world, accounting for over 40% of global e-commerce according to a recent report by McKinsey. The growth of China’s e-commerce sector has driven the government to further regulate the activities of e-commerce operators. & S���&7̜>���r��:��� i-�,��J�2H.fY�l�cu1�>��z�x.6�t��� �NY00 The goal of the Draft is to regulate China’s burgeoning e-commerce sector, and 90 0 obj <>stream NPCSC Session Watch: E-Commerce Law, Judicial Reform & Militarized China Coast Guard (Jun. 0000001035 00000 n 3. Therefore, China will implement its first ever comprehensive E-Commerce Law (the “ECL”) as of 1 January 2019. %PDF-1.4 %���� 0000003267 00000 n 0000000709 00000 n the perfect environment for e-commerce to thrive. Therefore, China will implement its first ever comprehensive E-Commerce Law (the “ECL”) as of 1 January 2019. On May 29, 2018, the Department of Electronic Commerce and Informatization, part of China's Ministry of Commerce, published the ‘E-commerce Report 2018’. The ECL will undoubtedly become the main legislation regulating e-commerce in China, and it will... Read more » 4. 4. Jinting Deng & Pinxin Liu, Consultative Authoritarianism: The Drafting of China’s Internet Security Law and E-Commerce Law. JCC 26:105, November 2016 %%EOF 0000014838 00000 n 0000001220 00000 n AmCham Shanghai recently published an article I wrote on China’s new E-Commerce Law, titled,Implications of China’s E-Commerce Law, and I urge you to read it. with e-commerce, in China. The new e-commerce law raises the standard of commercial conduct in cyberspace and thus constitutes an important step along the road to the continued growth of China… CHINA’S E-COMMERCE MARKET Law • Further, if an identity provider makes an incorrect online statement to a relying party about the identity of a subject, applicable law ... e-Commerce Platforms, outside EU, therefore needs compliance with GDPR Other jurisdictions (countries) are also likely to enact data protection laws. In China, since the E-commerce Law becomes effective from 1 January 2019, people has paid more attention on the relevant e-commerce topics, … China is one of the countries that has embraced e-commerce. 0000002774 00000 n China issues its second Draft E-Commerce Law December 2017 1 On 7 November 2017, the Standing Committee of the National People’s Congress ("NPC") published the second draft of the E-commerce Law (电子商务法(草案二次审议稿), "Draft"). 11:427 Pursuant to Article 19 of ECL, if an e-commerce business performs tie-in sale of commodities or services, it shall request consumers to pay attention in a conspicuous manner, and shall not set the said tie-in The new law will enter into force on 1 January 2019. 11, 2018) NPC Standing Committee Releases 2018 Legislative Plan (Apr. On 31 August 2018, the Standing Committee of the National People’s Congress passed Electronic Commerce Law of the People’s Republic of China (hereinafter the ‘E-commerce Law’), which is China’s first comprehensive legislation governing the field of e-commerce and has taken effect on 1 January 2019. 3. 0 2. Electronic commerce—Law and legislation. Contracts— Automation. passed new law providing a framework in respect of e-commerce in China. Data encryption (Computer science)—Law and legislation. 0000002636 00000 n Lenses of Perception A Surprising New Look at the Origin of Life, the Laws of Nature, and Our Universe Chapter 1 The e-commerce market in China 1 Market size 3 Overview of e-commerce platforms and service providers in China 8 The role of e-commerce in inclusive development in China 10 Public and private support for rural development through e-commerce 12 Chapter 2 What SMEs need to engage in e-commerce with China 15 Regulatory requirements 15 p. cm. The new e-commerce law will come into effect from 1 January 2019 and will cover e-commerce operators (including registration of 0000014583 00000 n China has the world's largest e-commerce market with online retail sales reaching nearly 5.2 trillion yuan ($755.3 billion) in 2016, a year-on-year increase of 26.2 percent. The new law set to improve the regulation of China’s booming e-commerce market. 27, 2018) NPCSC Solicits Public Opinions on Draft E-Commerce Law, Amendment to Rural Land Contract Law & Vessel Tonnage Tax Law (Nov. 7, 2017) In chapter four the updated rules & regulations applicable to foreign entities engaging in cross-border e-commerce activities are explained, among which the previously mentioned E-Commerce Law. Article 3 . Due to the huge potentials provided by cross border e-commerce. %%EOF promotion and performance within China, ICP filing re­quirements) will bring cross-border delivery models closer within reach of the Chinese authorities. China’s most significant step, however, was the announcement of the e-commerce law in August 2018. Introduction The vigorous development of e-commerce in China in the past 15 years has made the sector hugely successful, but also slightly chaotic. Photo: Xinhua. Introduction. The National People’s Congress Standing Committee issued the first draft of the Electronic Commerce Law on 26 January 2017 (the “First … Chapter 1 The e-commerce market in China 1 Market size 3 Overview of e-commerce platforms and service providers in China 8 The role of e-commerce in inclusive development in China 10 Public and private support for rural development through e-commerce 12 Chapter 2 What SMEs need to engage in e-commerce with China 15 Regulatory requirements 15 Article 2 This Law applies to e-commerce activities within the territory of the People’s Republic of China. It is of no surprise that the Chinese government has implemented a new regulation on cross-border e-commerce. Market overview 1. ' For example, article 26 of the E-Commerce Law requires e-commerce operators that engage in cross-border e-commerce to comply with China’s import and export laws and regulations. JCC 26:107, April 2017. Though questions remain about the e-commerce law’s implementation, its passage marks a new chapter in China’s growing online empire. China passes new e-commerce law - a “safe harbour” with Chinese characteristics. The highlight of the laws includes the recognition of operators in e-commerce business. The new regulation however contains a lot of ambiguous points such as the “low-value transactions” threshold. A game changer? 0000002102 00000 n xref 2. China Retail & E-commerce Quarterly Issue 10 | May 2019 4 I. I was asked to write this article to explain the implications (hence the title) and the practicalities of China’s new e-commerce law. A new law was passed on August 31, 2018. x�b```b``������-��ǀ |@1V �x X�f���#A�@Ρ� It came into effect on January 1 st 2019, (Source: FBIC Group); the law focuses on the practical aspects of developing e-commerce and features the following key areas of change. As the country’s e-commerce market grows at an overwhelming rate, so does the need for stricter market regulation. For purposes of this Law, “e-commerce” means transactions of goods or services through the Internet or other information networks. E-commerce Law of the People’s Republic of China (Adopted at the 5th Session of the Standing Committee of the Thirteenth National People’s Congress of the People’s Republic of China on 31 August 2018) C o n t en t s Chapter I General Provisions Chapter II E-commerce … trailer The goal of the Draft is to regulate China’s burgeoning e-commerce sector, and The chart below provides an illustration of this explosive growth. 0000006989 00000 n Law of electronic commercial transactions : contemporary issues in the EU, US, and China / Faye Fangfei Wang. x�bb�g`b``Ń3� ����C/> 2Q� Simultaneously published in the USA and Canada. 0000002057 00000 n This framework is broad in scope and will apply in respect of all e-commerce activities, both domestic and cross border (CBEC). 381 0 obj <> endobj China’s new E-commerce Law (which entered into effect on 1 January 2019) regulates a wide array of matters, including antitrust, data protection, consumer protection, payment and delivery services, among others. 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