From October 30 to November 4, 2017, the 30th Session of the 12th NPC Standing Committee held a review of the second draft of Electronic Commerce Law of the People's Republic of China (Draft) (“Second Draft”). Compared with the first draft released in December 2016 (“First Draft”), the Second Draft simplifies and integrates the relevant provisions of the Cybersecurity Law, Anti-Unfair Competition Law, Postal Law and Law on Protection of Consumer Rights and Interests with respect to personal information protection, anti-unfair competition, express logistics and consumer protection based upon the principle of “highlighting key points and simplifying by removing duplication.” The Second Draft further regulates the conduct of e-commerce operators, especially platform operators, according to the characteristics and practices of e-commerce, and expands and strengthens the obligations and responsibilities of platform operators based on the nature and function of those platforms.
In this article, we will summarize and analyze the changes to the regulatory provisions over platform operators provided under the Second Draft, including in the following aspects...