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)” (中華人民共和國消費者權益保護法實施條例, 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
