The emergence of e-commerce revolutionized the retail industry. Newly developed big data analysis, machine learning and other technologies have made new e-commerce patterns spring up. Various industries and areas are witnessing the penetration of the sales patterns of e-commerce, including not only marketing and sales of consumables, financial products, software and services under B2C sales as well as B2B purchases and supplies, but also maintenance and operations afterwards.
From legislation level, upon effectiveness of the Electronic Commerce Law on January 1, 2019, e-commerce operators are facing more stringent compliance obligations and new regulatory challenges in various aspects, including protection of consumer rights, protection of data and personal privacy, cybersecurity protection, entering into e-commerce contracts, dispute resolution, anti-unfair competition and protection of intellectual property. Meanwhile, plenty of leeway and policy space is left on how to fit law into the existing rules and make it an efficient supplement, and how to make the law adapt to the ever-changing business mode. Having been devoted to closely following up with e-commerce business, e-commerce legislative efforts and enforcement practices as well as new developments in this area, JunHe has gained vast experience in providing legal services for e-commerce platforms, and is able to provide feasible advice to clients in the current regulatory environment.
JunHe is equipped with a well-trained team who have been keeping up with the latest developments in e-commerce business, conducting legal research and providing advice in this area. Meanwhile, the Electronic Commerce Law is closely related to issues under other areas such as contract, tort, consumer protection, anti-unfair competition, antitrust, intellectual property, and litigation. With established expertise in these fields and coordination with our resources in those areas, we are able to rapidly understand the main concerns and essential needs of clients and to provide clear, accurate and feasible advices under the relatively ambiguous rules within the designated period. We are also able to ensure we provide clients with value-added services based on creative ideas. By paying close attention to legislative developments, we are always aware of the regulatory tendency and its impact on the business front.
Establishment, operation and license for e-commerce companies: considering the uniqueness of e-commerce operators, we provide well-targeted legal services for different business modes of e-commerce with respect to the possible issues confronted by start-ups in e-commerce business such as business qualifications, thresholds for foreign investment.
Comprehensive compliance advice for e-commerce business: we provide comprehensive compliance advice for e-commerce operators in formulating internal rules in compliance with laws and making compliance assessment, and conduct training on e-commerce laws.
Advice on IT system design for e-commerce operators: we provide legal services with respect to database, operation system, cloud services and other IT systems of e-commerce operators, based on requirements of localization and cross-border transmission of data and cybersecurity protection.
Legal risk control on merger and acquisition of e-commerce operators: by identifying the potential legal risks under e-commerce laws in a merger and acquisition transaction, we provide clients with feasible solutions for the transaction.
E-commerce contracts: we review and draft various contracts related to e-commerce, such as business cooperation agreement, user agreement, service agreement, website development agreement, advertising agreement, web hosting agreement, application vendor agreement, and cloud service agreement, etc.
Compliance management and suggestions on personal information protection and cybersecurity: we render advice on legal compliance on personal information protection and cybersecurity with respect to specific application scenarios of e-commerce operators, and review and draft privacy policies for clients.
Recent Representative Cases
Assisted an internationally renowned retailer in establishing an e-commerce platform in China and integration of its online and offline resources; provided legal services and staff training with respect to license, domain name, IT system structure, localization and export of data, collection and protection of personal information, etc.
Assisted a financial institution in sorting out e-commerce business types and provided compliance advice.
Reviewed e-commerce contracts for international luxury brands, analyzed the status of the contract under different scenarios and provided compliance advice on cancellation of user account, comments by users and other issues under e-commerce laws.
Provided legal advice for an international household chemical product manufacturer on the establishment of an e-commerce website, including analysis on different business modes, and compliance analysis on specific issues including telecommunication qualifications, data storage and sharing, trademark and IT systems under different business modes.