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China: Adopted Measures for the Supervision and Administration of Online Transactions

Policy overview

Description

Adopted Measures for the Supervision and Administration of Online Transactions

On 15 March 2021, China's State Administration for Market Regulation (SAMR) has adopted the Measures for the Supervision and Administration of Online Transactions setting out conditions for e-commerce providers. The Measures apply to both online trading platforms and online traders, and include rules on data processing, and transparency. The Measures establish the principles of lawfulness, fairness, and necessity in online transactions and require operators to state the purpose, method, and scope of data collection. Further, user consent must be obtained before colleting data in general and for each data item for sensitive data on health, financial accounts, location, and biometrics. Finally, the Measures set out rules on enforcement and legal liability.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
platform intermediary: e-commerce, platform intermediary: e-commerce
Implementation Level
national
Government Branch
executive
Government Body
competition authority

Complete timeline of this policy change

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2021-03-15
adopted

On 15 March 2021, China's State Administration for Market Regulation (SAMR) has adopted the Measure…

2021-05-01
in force

On 1 May 2021, China's State Administration for Market Regulation (SAMR) has implemented the Measur…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity platform intermediary: e-commerce
Category All
2
Type Any
Economic activity other service provider
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
personal data (all forms): storage (any form)
Regulatory tool
User consent: Opt-in requirement
Data storage/retention obligation
Sanctions
Regulated subjects
2
Regulatory tool
Sanctions
Civil penalty
Regulated subjects
1 2
personal data (all forms): data collection
Regulatory tool
User consent: Opt-in requirement
Data storage/retention obligation
Sanctions
Regulated subjects
2
Regulatory tool
Sanctions
Civil penalty
Regulated subjects
1 2

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

personal data (all forms): storage (any form)

personal data (all forms): data collection