China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Issues New Regulation on Consumer Protection

On 15 Mar. 2024, Premier Li Qiang signed the Order No. 778 of the State Council, issuing the “Regulation on the Implementation of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests (Consumer Law)” (中华人民共和国消费者权益保护法实施条例, hereinafter the “Regulation”), which came into force on 1 July 2024.

As the first administrative regulation accompanying the Consumer Law in its 30th year of implementation, the Regulation focuses on and addresses outstanding issues in both the traditional consumer sector and the platform economy, such as prepaid consumer infringement and abusive use of technological means by operators to infringe on consumers’ rights and interests.

The highlights of the Regulation are as follows.

  • It further details and complements the obligations of operators to protect consumers’ personal and property safety, handle defective products, mark prices, use standard terms, and protect the rights and interests of the elderly and minors.
  • It clarifies that operators shall not force consumers to purchase commodities or accept services and shall not engage in “price discrimination” or “discrimination with big data”. Live-streaming marketing platform operators shall fulfill their obligations to protect consumer rights and interests according to the law.
  • It regulates the business activities of prepaid consumption and clarifies the rules on the collection and return of prepayments by operators.
  • It strengthens the government’s responsibility for consumer rights protection, and stipulates that relevant administrative departments shall handle consumer complaints and reports in a timely manner and strengthen supervision, inspection, and law enforcement.

 

 

Photo by Diem Nhi Nguyen on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.

China Launches Gradual Retirement Reform

China's National People's Congress has approved a gradual increase in the statutory retirement age for men and women, set to begin on January 1, 2025, marking the first adjustment in over 70 years.