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National Practice Guide · L3

China Consumer Digital Compliance: Algorithms, QR Data, PIPL

CPL implementing rules, the E-Commerce Law, and PIPL now police algorithmic prices, QR ordering, and livestream identity.

28+lawyer profiles listed
Updated13 Aug 2026
AudienceForeign businesses & individuals
Author China Law List Editorial · Reviewer China Law List Research Desk · Last reviewed · 2 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Product Liability: typical process stages

Four high-level stages — details and local variations are in the guide below.

  1. RiskDefect & chain of supply
  2. EvidenceTesting, notices, recalls
  3. ClaimsConsumer & B2B exposure
  4. ResolveSettlement or litigation
City hubs

Local guides & lawyers

Drill into city × practice hubs where available, or open the city legal market guide.

Direct answer

Same product, same transaction conditions, unjustified profile-based markup is prohibited (CPL Implementation Regulations Art. 9) and has been framed as price fraud (Hu v. Ctrip, Shaoxing Intermediate). QR menus cannot force a mobile number or WeChat profile as the price of seeing a menu (CPL Art. 29; Shanghai SAMR ~RMB 50,000 plus civil purge). Livestreams must name the real operator (Impl. Reg. Art. 13); default opt-ins and opaque deposits violate E-Commerce Law Arts 15, 19, 21. Decouple global CRM scoring from China price APIs.

At-a-glance

RuleConductOutcome colour
Impl. Reg. Art. 9Algorithmic differential priceCivil + possible 3×
CPL Art. 29 / PIPL necessityForced phone for a menuAdmin warning/fine + data purge
Impl. Reg. Art. 13Hidden livestream merchantCannot blame the KOL
E-Com Law 15 / 19 / 21Default ticks; deposit trapsInvalid terms + refund path

Scope / legal framework

This page is the consumer-facing overlay. For the full PIPL / DSL / CSL stack see Data Privacy & Cybersecurity.

CPL Implementation Regulations Art. 9. No unjustified differential pricing via algorithms or user profiling for the same goods under the same conditions.

Practical workflow

  1. China price API reads only public promo calendars — not VIP scores from global CRM.
  2. Mini Program: Guest Mode for browse/pay; marketing consent unbundled; account deletion visible.
  3. Livestream room: legal name of the operating entity on screen and in the cart.

Common mistakes

  • “Agree to all” as a condition of using the app (Ctrip pattern).
  • No guest path on store QR.
  • Disclaiming KOL misstatements.

Action checklist

  • ☐ CRM/price firewall
  • ☐ Guest mode QA
  • ☐ Deposit refund mechanism published
Sources & trust

How to use this guide

PRC Consumer Protection Law and Implementation Regulations; Food Safety Law Art. 148; Advertising Law Arts 4, 9, 28, 55; Anti-Unfair Competition Law Arts 8, 20; E-Commerce Law Arts 15, 19, 21; PIPL; Law on the Choice of Law for Foreign-Related Civil Relationships Art. 42; Civil Code Arts 1202–1203; Administrative Penalty Law Arts 32–33; SPC food/drug punitive interpretation (2024) Art. 8; SPC Fa Shi [2024] No. 4; SPC Guiding Cases 17 and 23; Criminal Law Art. 274. Confirm current official texts.

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship. For methodology and AI-assisted drafting rules, see our Editorial Policy and AI Content Policy. Directory badge meaning is described in the Lawyer Verification Policy.

Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.

FAQ

Common questions

Quick answers for foreign nationals and employers. Rules vary by city and change over time.

May we charge members more than new users for the same room night?

Not if conditions are otherwise identical and the delta is profile-driven rather than a published, even-handed rule. Shaoxing treated that pattern as price fraud.

Directory

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