China Issues Measures for the Disclosure of Electronic Commerce Information (Draft for Comments)

The Ministry of Commerce issued the Administrative Measures for the Disclosure of Electronic Commerce Information (Draft for Comments) (电子商务信息公示管理办法（征求意见稿）) on February 12 to solicit public comments. The Draft aims at clarifying responsibilities on e-commerce platform operators to protect intellectual property rights and business information disclosure, as well as penalties.

The Draft has 39 provisions in four chapters: general principles, information disclosure, legal responsibility, and annex.

With regard to intellectual property protection, the draft requires an e-commerce platform to publish information related to intellectual property infringement in a designated area. The platform operator shall publish information related to preliminary evidence of infringement within 48 hours after receiving the evidence from platform users. If the platform operator determines there is no infringement, the determination shall also be published within 48 hours. In addition, the platform operator shall terminate any measures taken with regard to the alleged infringement.

In addition, e-commerce platform operators shall publish business information such as licenses and related administrative permits, and platform service agreements, in designated locations. E-commerce platforms shall also publish decisions on punishing illegal activities of the platform users within 48 hours.

The Draft sets forth that any individual or entity that illegally obtains, discloses, alters, or uses information data collected and published on e-commerce platform will be held legally responsible. E-commerce platform operators will also receive administrative punishment if they violate the disclosure and publishing obligations.

Officials of the Department of Treaty and Law of the Ministry of Commerce stated that this is a supporting regulation of the E-commerce Law of the People’s Republic of China, which aims to promote fair competition, maintain market order, protect the legitimate rights and interests of all e-commerce parties, as well as increase transaction transparency.

Comments are due by March 12.