High Points of Consumer Rights and Interests Protection Law Implementing Regulation

The State Administration of Industry and Commerce has issued the Exposure Draft of Consumer Rights and Interests Protection Law Implementing Regulation to the public on 5 August, 2016. We can find the exposure draft keeps pace with the times.

High Point 1–Clear Government Responsibility

The Exposure Draft emphasizes cooperation among the government departments to protect the legitimate rights and interests of consumers, such as Administrative of Industry and Commerce, Ministry of Industry and Information Technology.

High Point 2–More Detailed Protection for Financial Consumer

Financial service operators shall publish all the information which may affect consumers’ decision, and prompt risk fully, shall not advertise falsely.

High Point 3– Format Clause can’t Escape Liabilities

The Exposure Draft stipulates that any terms about exclusion or limitation of consumers rights, reduction or exemption of operator liabilities, increasing consumer responsibilities will be regarded as invalid.

High Point 4–Protect Consumers’ Privacy in the Big Data

Operator shall establish Information and Confidential and Management System, without permission of consumers, operator shall not disclose consumers’ information.

High Point 5–Forbid to Send Message or Make Phone Call to Consumers without Permission

Without permission of consumers, operator shall not send commercial electronic message or make commercial sales calls.

The exposure draft sends a message to the public that Chinese government pays more and more attention to the protection of consumers.

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