Measures for the Supervision and Administration of Online Transactions Issued
ISSUING AUTHORITY:
State Administration for Market Regulation
DATE OF ISSUANCE:
March 15, 2021
EFFECTIVE DATE:
May 1, 2021
On March 15, 2021, the State Administration for Market Regulation published the Measures for the Supervision and Administration of Online Transactions (“Measures”). The Measures shall come into force on May 1, 2021, repealing simultaneously the Administrative Measures for Online Trading promulgated by the State Administration for Industry and Commerce on January 26, 2014.
There are five chapters and 56 articles in the Measures, including general provisions, online trading operators, supervision and administration, legal liabilities and supplemental provisions. Specifically, the Measures require that online transaction operators must follow the principles of lawfulness, fairness, and necessity, and clearly state the purpose, method, and scope of information collection and use, as well as obtain the consent of consumers, when collecting and using personal information. In addition, the Measures provide that when collecting and using sensitive information such as personal biometrics, medical health, financial accounts, personal whereabouts, consumer consent must be obtained item by item.
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