US-China Business Council Comments on The Draft Ecommerce Law

US-China Business Council Comments on The Draft Ecommerce Law January 26, 2017 

On behalf of the more than 200 members of the US-China Business Council (USCBC), we appreciate the opportunity to provide comments to the National People’s Congress on the Draft Ecommerce Law (Draft Law). USCBC and our members recognize that this law reflects the desire of the Chinese government to set rules for ecommerce transactions and support the development of a regulatory system for ecommerce. USCBC is pleased to offer comments on the draft law based on specific inputs received from our member companies. We encourage the National People’s Congress to actively consider USCBC’s comments while reviewing the Draft Law. Addressing these concerns in a comprehensive manner will help to improve the effectiveness of this law and clarify any misunderstandings. USCBC would like to offer the following recommendations.  


The Draft Law demonstrates positive efforts to address a range of intellectual property concerns as relates to ecommerce, including counterfeiting and other illegal activities conducted through third-party platforms. Various measures in the Draft Law would increase platform operators’ responsibilities and liabilities. Noteworthy examples are Article 12’s seller identification requirements, and Article 53’s requirement that third-party platform operators take “necessary measures” after becoming aware of IP infringement.  

However, numerous areas of the Draft Law would benefit from clarification. These include key definitions for liability for third-party platforms and operators of ecommerce, as well as definitions regarding what types of data constitute “ecommerce data information.”   


Read the full comments here