Regulations on E-Commerce Consumer Protection Rules in China and Europe Compared - Same Same but Different?

• Author: Jörg Binding - Kai Purnhagen
• Position: Ph.D., Deutschen Gesellschaft für Internationale Zusammenarbeit Beijing - Ph.D., LL.M. (Wisconsin), Ludwig-Maximilians-Universität München and Universiteit van Amsterdam
• Pages: 186-194

2011

Jörg Binding/ Kai Purnhagen

186

3

Regulations on E-Commerce Consumer

Protection Rules in China and Europe

Compared – Same Same but Different?

by Jörg Binding Ph.D., Deutschen Gesellschaft für Internationale Zusammenarbeit Beijing,

and

Kai Purnhagen Ph.D., LL.M. (Wisconsin), Ludwig-Maximilians-Universität München and Universiteit van

Amsterdam

© 2011 Jörg Binding/Kai Purnhagen

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Recommended citation: Binding/Purnhagen, Re gulations on E-Commerce Consumer Protect ion Rules in China and Europe

Compared - Same Same but D ifferent, 3 (2011) JIPITEC 186 para. 1.

Keywords: Chinese and European rules on e-commerce consumer protection, online commodity trading, super-

vision, regulatory objects, regulatory mechanisms, market surveillance, industry’s self- and co-regu-

lation, private consumer organisations, e-commerce, China, EU, consumer protection

Abstract: This article provides a comprehensive over-

view of the regulations on e-commerce protection

rules in China and the European Union. It starts by

giving a general overview of different approaches to-

wards consumer protection in e-commerce. This arti-

cle then scrutinizes the current legal system in China

by mainly focusing on SAIC’s “Interim Measures for

the Administration of Online Commodity Trading and

Relevant Service Activities”. The subsequent chapter

covers the supervision of consumer protection in e-

commerce in China, which covers both the regulatory

objects of online commodity trading and the applied

regulatory mechanisms. While the regulatory objects

include operating agents, operating objects, operat-

ing behavior, electronic contracts, intellectual prop-

erty and consumer protection, the regulatory mech-

anisms for e-commerce in China combines market

mechanism and industry self-discipline under the

government’s administrative regulation. Further, this

article examines the current European legal system in

online commodity trading. It outlines the aim and the

scope of EU legislation in the respective field. Subse-

quently, the paper describes the European approach

towards the supervision of consumer protection in e-

commerce. As there is no central EU agency for con-

sumer protection in e-commerce transactions, the

EU stipulates a framework for Member States’ in-

stitutions, thereby creating a European supervisory

network of Member States’ institutions and empow-

ers private consumer organisations to supervise the

market on their behalf. Moreover, the EU encourages

the industry to self- or co-regulate e-commerce by

providing incentives. Consequently, this article con-

cludes that consumer protection may be achieved

by different means and different systems. However,

even though at first glance the Chinese and the Eu-

ropean system appear to differ substantially, a closer

look reveals tendencies of convergence between the

two systems.