Recently, China’s Supreme People's Court ("SPC") issued the Provisions on Several Issues Concerning the Application of Law in Hearing Cases Involving Online Consumer Disputes (I) (the "Provisions"), with effect on March 15, 2022.

The Provisions, consisting of 20 articles, mainly regulate the rights and obligations of online consumption contracts, the identification of responsible subjects, the civil liability in livestreaming marketing, the civil liability in takeaway catering, among other matters. Among them, the Provisions clarify the responsibilities of livestreaming marketing platforms, including the responsibilities of such platforms for their self-operated business and the first payment responsibilities in case of failure to provide the real information of the livestreaming room operators, the joint and several liability for failing to fulfill the duty to examine food operation permits, and the joint and several liability in the case that the unlawful practice is known or should be known. The Provisions also state that, if a provider of an online catering service platform fails to conduct real-name registration or to review licenses of an online catering service provider, or fails to perform duties of reporting or of suspending the provision of services on the online trading platform, thereby causing damage to consumers, the consumers has the right to claim that the provider of the online catering service platform and the online catering service provider shall bear the joint and several liability.

(Source: Supreme People’s Court)