• Home
  • Privacy Policy
  • About Us
  • Contact Us
  • Cookie Policy
  • DMCA
  • Disclaimer
  • Terms of Use
Sunday, October 1, 2023
  • Login
  • Home
  • Law
    • Accident Law
    • Business Law
      • Copyright Law
      • Real Estate Law
    • Child Law
    • Women Law
    • Criminal law
    • Family law
    • International Law
      • Cyber law
      • Traffic law
  • Attorney
  • Divorce
  • Legal Advice
No Result
View All Result
Law Hery
  • Home
  • Law
    • Accident Law
    • Business Law
      • Copyright Law
      • Real Estate Law
    • Child Law
    • Women Law
    • Criminal law
    • Family law
    • International Law
      • Cyber law
      • Traffic law
  • Attorney
  • Divorce
  • Legal Advice
No Result
View All Result
Law Hery
No Result
View All Result
Home Business Law

China’s New E-Commerce Law and Its Foreign Company Impacts

Stanley Paul by Stanley Paul
August 14, 2023
in Business Law
0 0
0
China’s New E-Commerce Law and Its Foreign Company Impacts

selective focus image of business plan, contract, ballpoint pen and glasses

AmCham Shanghai these days published a piece of writing I wrote on China’s new E-Commerce Law, titled, Implications of China’s E-Commerce Law, and I urge you to read it. I changed into requested to write down this newsletter to explain the implications (therefore the title) and the practicalities of China’s new e-trade regulation. Actually, my law firm turned into asked to write this article. However, I then changed into tasked with this because I worked on a constant circulate of China E-trade subjects. After all, the new law got here out. The below borrows liberally from my article but summarizes it.

China’s New E-Commerce Law and Its Foreign Company Impacts 1

The article itself begins by defining the various phrases relevant to China’s new E-Commerce Law: “digital trade,” “platform operators,” “operators on e-trade systems,” and “e-commerce operators.” The E-Commerce Law defines “digital commerce” as enterprise sports related to selling goods and offerings through facts networks, including the Internet. It expressly does no longer include offerings that offer news, audio, and video applications, courses, cultural merchandise, and other content offerings provided through records networks and financial merchandise or economic services.

This submits will cognizance totally on e-commerce operators and the policies concerning e-trade platform operators most applicable to foreign corporations seeking to sell online in China. E-trade operators are defined as entities that sell goods or offerings via self-set-up websites or different community services (e.G. Social media websites). This definition is huge enough to cover maximum online sellers and promoting sports.
The Law requires nearly all e-commerce operators to check-in as marketplace entities. The Law, also calls for all e-commerce operators to report and pay taxes according to relevant legal guidelines and rules and do the following:

Display their business license, and any administrative allows, or offer an announcement making clear that they are not required to sign up. If an e-trade operator voluntarily discontinues its e-trade business, it has to notify the public by way of continuously showing at least 30 days earlier of the date on which it’ll cease undertaking its e-trade commercial enterprise;

Disclose facts regarding its goods or offerings in a comprehensive, authentic, correct, and timely manner a good way to protect the patron’s right to recognize and right to pick; Provide non-centered alternatives if it offers centered seek outcomes-based totally on the consumer’s pastimes, conduct or other private tendencies;
Not use any tie-in sale as a default option; Clearly set forth its system for refunding any deposits collected. This process can not set unreasonable refund necessities.

E-commerce platform operators are basically Alibaba, Taobao, and JD.Coms of the world. E-trade platform operators must construct complete structures for product and carrier evaluation, hold records of goods and offerings published and transacted on their platform, and set up truthful and obvious rules for their platform offerings and transactions. They also need to verify the identity, enterprise registration, tax registration, and any other required permit or licenses of any on-platform operator.

E-trade platform operators could be held accountable for goods and services bought on their platforms that do not follow China’s non-public protection or belongings safety requirements if the platform operator knew or need to have known approximately the failure to conform. E-commerce platform operators will also be responsible for harm due to considered one of its “patron health” carriers if it did not verify the providers’ qualifications.

E-trade platform operators additionally need to establish and put into effect intellectual assets guidelines and delete, block or disconnect hyperlinks and terminate transactions or services that infringe on an IP holder’s rights. In practice, the e-commerce platforms have already mounted guidelines for IP protection. For instance, if you discover a provider on Alibaba the use of your trademark or a copyrighted image without your authorization, you could file the infringement to Alibaba (at the side of evidence of your IP rights) and request Alibaba take down the infringing product web page or photograph and it normally will. Because China’s e-commerce systems operate particularly inside China, proof of IP rights in Chinese or certificates issued using Chinese authorities will generally cause quicker platform operator motion. See Getting Counterfeits off Alibaba: Anger is NOT a Strategy.

Stanley Paul

Stanley Paul

I am a lawyer by profession and blogger by choice. I work for a prestigious law firm where I handle complex litigation and intellectual property matters. In my spare time, I write about various legal issues on my personal blog. I am always open to interesting topics and will always try to provide a fresh perspective on the latest developments in the legal world. I am a huge fan of technology, and I am always excited to learn more about how this industry is growing. For example, I recently had the chance to attend the opening of the Facebook campus in Dublin, Ireland and interviewed Mark Zuckerberg.

Next Post
Larry Waks, Attorney Who Rep’d Clooney Tequila, Joins Foley Gardere

Larry Waks, Attorney Who Rep'd Clooney Tequila, Joins Foley Gardere

No Result
View All Result

Latest Updates

What Does the US Copyright Law Apply in Australia?

What Does the US Copyright Law Apply in Australia?

September 29, 2023
A crane coincidence took his arm, and he became denied millions in agreement cash. Now, his case has overturned an Oklahoma regulation.

A crane coincidence took his arm, and he became denied millions in agreement cash. Now, his case has overturned an Oklahoma regulation.

September 26, 2023
Flights: Expert famous what you must do if you get injured on a plane

Flights: Expert famous what you must do if you get injured on a plane

September 26, 2023
Truck driver closed his eyes in fear moments before fatal Colorado pileup crash

Truck driver closed his eyes in fear moments before fatal Colorado pileup crash

September 26, 2023
How to select a automobile coincidence lawyer in Orlando?

How to select a automobile coincidence lawyer in Orlando?

September 26, 2023

Popular Today

  • Larry Waks, Attorney Who Rep’d Clooney Tequila, Joins Foley Gardere

    Larry Waks, Attorney Who Rep’d Clooney Tequila, Joins Foley Gardere

    0 shares
    Share 0 Tweet 0
  • Bread & Kaya: 2018 Malaysia Cyber-law and IT Cases PT2 – Cyber-defamation

    0 shares
    Share 0 Tweet 0
  • ‘It’s hard to agree with’: Family describes call with semi motive force after fiery I-70 crash

    0 shares
    Share 0 Tweet 0
  • B.C. Attorney General David Eby to keep AMA on Reddit

    0 shares
    Share 0 Tweet 0
  • Activist On Women’s Rights In Saudi Arabia

    0 shares
    Share 0 Tweet 0
  • Home
  • Privacy Policy
  • About Us
  • Contact Us
  • Cookie Policy
  • DMCA
  • Disclaimer
  • Terms of Use
Mail us: admin@Lawhery.com

© 2023 LawHery - All Rights Reserved To Us!

No Result
View All Result
  • Home
  • Law
    • Accident Law
    • Business Law
      • Copyright Law
      • Real Estate Law
    • Child Law
    • Women Law
    • Criminal law
    • Family law
    • International Law
      • Cyber law
      • Traffic law
  • Attorney
  • Divorce
  • Legal Advice

© 2023 LawHery - All Rights Reserved To Us!

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In