CHINA
Since December 2015, entry into force in January 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Map Management Regulations (地图管理条例)
According to the Map Management Regulations, online maps are required to set up their server inside of the country, and an official certificate must be required.
Coverage Maps services
Sources
- https://web.archive.org/web/20190812172829/https://www.citylab.com/equity/2015/12/china-cracks-down-on-politcally-incorrect-maps/421032/
- https://web.archive.org/web/20171105173843/http://shanghaiist.com/2015/12/17/dont_get_caught_with_wrong_maps.php
- https://web.archive.org/web/20220205220322/http://www.businessinsider.com/companies-must-keep-map-data-on-servers-within-chinas-borders-2015-12?IR=T
- https://web.archive.org/web/20190319091120/http://english.gov.cn/policies/latest_releases/2015/12/14/content_281475253904932.htm
- https://web.archive.org/web/20241202145504/https://www.global-regulation.com/translation/china/3024692/map-regulations.html
- https://web.archive.org/web/20220207175703/http://www.gov.cn/zhengce/content/2015-12/14/content_10403.htm
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CHINA
Since August 2017
Pillar Intermediary liability |
Indicator User identity requirement
Administrative Measures on Internet Forum Community Service (互联网论坛社区服务管理规定)
According to the Administrative Measures on Internet Forum Community Service, providers of Internet forum community services are required to obtain and verify the identity information of users and enter into service agreements with them.
Coverage Internet forum community services
CHINA
Since December 2015, entry into force in January 2016, last amended in April 2018
Pillar Intermediary liability |
Indicator Monitoring requirement
Counterterrorism Law of the People's Republic of China (中华人民共和国反恐怖主义法)
According to Art. 19 of the Counter-Terrorism Law issued in 2016, telecom operators and Internet service providers shall establish content monitoring and network security programs. Likewise, companies are required to adopt precautionary security measures to prevent the dissemination of information on extremism, report terrorism information to the authorities in a timely manner, keep original records, and promptly delete such messages to prevent further circulation. The law introduces both pecuniary fines and detentions up to 15 days for telecommunications operators and ISPs personnel who fail to “stop transmission” of terrorist or extremist content, “shut down related services,” or implement “network security” measures to prevent the transmission of such content.
Coverage Telecommunications sector and Internet Service Providers (ISPs)
Sources
- https://web.archive.org/web/20211208055946/http://www.natlawreview.com/article/china-enacts-new-counter-terrorism-law#sthash.bNpN0ZCP.dpuf
- https://web.archive.org/web/20231206210106/https://www.globalpolicywatch.com/2016/01/china-enacts-broad-counter-terrorism-law/
- https://web.archive.org/web/20220330120526/http://www.npc.gov.cn/zgrdw/npc/xinwen/2018-06/12/content_2055871.htm
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CHINA
Since June 2016, entry into force in August 2016
Pillar Intermediary liability |
Indicator Monitoring requirement
Administrative Provisions on Information Services of Mobile Internet Application Programs (移动互联网应用程序的信息服务管理规定)
According to Art. 7 of the Administrative Provisions on Information Services of Mobile Internet Application Programs, app providers are required to monitor online content and report violations to government authorities. App providers and app stores must not use apps to endanger national security, disrupt the public order, or produce, reproduce, publish, or disseminate content banned by laws and regulations, according to the Provisions. In addition, app providers must monitor banned content and take action against users that publish banned content by issuing warnings, restricting functions, stopping updates, or terminating accounts. They must also keep a record of the violations and report the matters to relevant government authorities. In addition, according to Art. 8, app stores are required to verify the legitimacy of app providers and ensure app providers protect user information and publish lawful content. App stores are required to take action against offending app providers by issuing warnings, suspending their publications, or removing the aberrant apps from the stores. App stores are also required to keep records of the violations and report them to the relevant government authorities.
Coverage Internet app providers and mobile Internet app stores
Sources
- https://web.archive.org/web/20230207032431/https://www.loc.gov/item/global-legal-monitor/2016-07-26/china-cyberspace-administration-releases-new-rules-on-mobile-apps/
- https://web.archive.org/web/20221115212611/https://www.lexology.com/library/detail.aspx?g=6f52a281-b5b7-4f9f-940d-1951a905c4e1
- https://web.archive.org/web/20210117001232/https://www.internationallawoffice.com/Newsletters/Tech-Data-Telecoms-Media/China/AnJie-Law-Firm/Draft-rules-on-collection-of-personal-data-by-apps-revised#1
- https://web.archive.org/web/20200215210816/http://www.cac.gov.cn/2016-06/28/c_1119122192.htm
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CHINA
Since December 2019, entry into force in March 2020
Pillar Intermediary liability |
Indicator Monitoring requirement
Provisions on the Governance of the Online Information Content Ecosystem (网络信息内容生态治理规定)
Under Chapter III of the Provisions on the Governance of the Online Information Content Ecosystem, content service platforms are obligated to establish and implement a governance framework aimed at fostering a "network information content ecology" in accordance with the Provisions. The platforms are also encouraged to promote permissible information and prohibit forbidden content, while being required to prevent the dissemination of information deemed necessary to suppress. Art. 34 further mandates that platforms adopt appropriate measures against individuals or entities responsible for producing, copying, or disseminating prohibited information. These measures may include issuing warnings, requiring corrections or other forms of rectification, imposing functional restrictions, suspending updates, and closing accounts, in accordance with relevant laws and contractual obligations. Additionally, under Art. 10, platforms are required to promptly remove illegal content, maintain records of such activities, and report these matters to the relevant authorities. Furthermore, Arts. 13, 14 and 15 stipulate that platforms must, among other obligations, develop and provide online products and services suitable for minors, enhance the monitoring and regulation of displayed advertisements, and establish a credit management system for user accounts, along with providing corresponding services as necessary.
Art. 41 of the Provisions specifies that the content service platforms mentioned in these Provisions refer to network information service providers that offer services for the dissemination of network information content.
Art. 41 of the Provisions specifies that the content service platforms mentioned in these Provisions refer to network information service providers that offer services for the dissemination of network information content.
Coverage Network information content service platforms
Sources
- https://web.archive.org/web/20240807074200/https://www.cac.gov.cn/2019-12/20/c_1578375159509309.htm
- https://web.archive.org/web/20240120065130/https://wilmap.stanford.edu/entries/provisions-governance-online-information-content-ecosystem
- https://web.archive.org/web/20221007125543/http://en.shanghaiinvest.com/information-center/newsletters/item/333-provisions-on-governance-of-the-network-information-content
- https://web.archive.org/web/20241202203024/https://www.huntonak.com/privacy-and-information-security-law/provisions-on-the-governance-of-network-information-content-ecology-goes-into-effect-in-china
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CHINA
Since August 2017
Since August 2017
Since August 2017
Pillar Intermediary liability |
Indicator Monitoring requirement
Administrative Measures on Internet Forum Community Service (互联网论坛社区服务管理规定)
Administrative Measures on Internet Comment (关于互联网评论的行政措施)
Administrative Measures on Internet Comment (关于互联网评论的行政措施)
According to the Administrative Measures on Internet Forum Community Service and the Administrative Measures on Internet Comment, providers of Internet forum community services and providers of comment functions (together known as 'Speech Function Providers') are required to monitor the posts and comments, take action and report to the Cyberspace Administration of China if prohibited information has been published or discovered. In such situations, Speech Function Providers are required to cease transmission of the content, delete content or comments, restrict the comment function, close user accounts or sub-forums and revoke administrator powers (in the case of a forum). For news-related comment functions, the comments must be censored before being published. Speech Function Providers are also required to set up a complaints procedure in relation to posts and comments.
Coverage Internet Forum Community Services and Providers of Comment Functions
CHINA
Reported in 2012, last reported in 2026
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Reported blockings of international digital platforms
It is reported that China operates one of the world’s most sophisticated systems of internet censorship, commonly referred to as the Great Firewall, which restricts access to more than 200,000 websites and severely limits the availability of numerous international platforms and news sources. Most major global social media and messaging services, including Facebook, WhatsApp, Twitter, Instagram, Signal, Clubhouse, YouTube, Telegram, Snapchat, Line, Pinterest, and Grindr are blocked, as are many international news organisations and their Chinese‑language editions, such as The New York Times, Reuters, The Wall Street Journal, the Australian Broadcasting Corporation (ABC) and the British Broadcasting Corporation (BBC). Google’s search engine has been inaccessible in China since 2012, and Yahoo’s search function was similarly blocked in 2018.
Coverage Websites, online news, search engines, and social media and messaging services
Sources
- https://web.archive.org/web/20260318155638/https://www.gov.uk/government/publications/china-country-policy-and-information-notes/country-policy-and-information-note-opposition-to-the-state-china-janua...
- https://web.archive.org/web/20260306172428/https://freedomhouse.org/country/china/freedom-net/2024
- https://web.archive.org/web/20260619183547/https://pulse.internetsociety.org/en/shutdowns/multiple-internet-services-blocked-in-china/
- https://www.accessnow.org/keepiton-data-dashboard/
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CHINA
Since October 2020
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Amendment to the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (信息安全技术-个人信息安全规范) (GB/T 35273-2020) 修正案)
The 2020 Personal Information Security Specification provides that personal information controllers shall appoint a person and a department responsible for personal information (PI) protection. The person responsible for PI protection must have relevant management experience and personal information protection expertise, participate in important decisions on personal information processing activities, and report directly to the principal of the organization.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230221153710/https://www.tc260.org.cn/upload/2020-09-18/1600432872689070371.pdf
- https://web.archive.org/web/20211124183425/https://www.manafoundation.org/uploads/soft/200601/%E4%BF%A1%E6%81%AF%E5%AE%89%E5%85%A8%E6%8A%80%E6%9C%AF%E4%B8%AA%E4%BA%BA%E4%BF%A1%E6%81%AF%E5%AE%89%E5%85%...
CHINA
Since November 2016, entry into force in June 2017
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Cybersecurity Law of the People's Republic of China (中华人民共和国网络安全法)
Art. 21 of the Cybersecurity Law requires network operators to appoint persons in charge of cybersecurity. Critical information infrastructure operators (CIIO) are also required to set up specialised security management bodies and persons responsible for security management. Further, CIIO's must conduct security background checks on those responsible persons and personnel in critical positions (Art. 34).
Coverage Horizontal
CHINA
Since June 2021, entry into force in September 2021
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Data Security Law of the People’s Republic of China (中华人民共和国数据安全法)
Art. 35 of the Data Security Law stipulates that where public security or national security authorities need to consult any data in order to safeguard national security or investigate a crime, the relevant organizations and individuals must provide such data. The same article stipulates that before getting access to the data held by private organizations, public security or national security authorities must go through strict approval formalities in advance.
Coverage Horizontal
CHINA
Since December 2015, entry into force in January 2016, last amended in April 2018
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Counterterrorism Law of the People's Republic of China (中华人民共和国反恐怖主义法)
Art. 18 of the Counterterrorism Law requires Internet service providers and the telecommunication sector to “provide technical support and assistance, such as technical interface and decryption, to support the activities of the public security and state security authorities in preventing and investigating terrorist activities.”
Coverage Internet service providers and telecommunication sector
Sources
- https://web.archive.org/web/20230324194915/http://www.hoover.org/sites/default/files/research/docs/segal_webreadypdf_updatedfinal.pdf
- https://web.archive.org/web/20231129113030/http://www.xinhuanet.com//politics/2015-12/27/c_128571798.htm
- https://web.archive.org/web/20221210010510/http://www.npc.gov.cn/zgrdw/npc/xinwen/2018-06/12/content_2055871.htm
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CHINA
Since September 2000, last amended in 2024
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Measures for the Administration of Internet Information Services (互联网信息服务管理办法)
According to Art. 14 of the Measures for the Administration of Internet Information Services, ISPs must provide user information to the authorities upon request, without judicial oversight.
Coverage Internet service providers
Sources
CHINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in China's law and jurisprudence. A safe harbour defence for internet intermediaries providing hosting services is spelt out in the Guiding Framework on Protection of Copyright for Network Dissemination (Art. 14-17, 22). The hosting defence established in Art. 22, only applies to service providers who host third-party materials. However, Art. 36 of the Tort Law of the People's Republic of China states that a "network service provider" shall assume the tort liability if it infringes "upon the civil right or interest of another person."
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20240129171425/http://www.article19.org/data/files/Intermediaries_ENGLISH.pdf
- https://web.archive.org/web/20200222120116/http://www.jetlaw.org/2016/01/18/executives-of-a-chinese-online-video-sharing-service-provider-stood-trial-for-internet-pornography/
- https://web.archive.org/web/20220120082414/http://www.wipo.int/export/sites/www/copyright/en/doc/liability_of_internet_intermediaries.pdf
- https://web.archive.org/web/20180425225959/http://www.wipo.int/wipolex/en/text.jsp?file_id=182630
- https://web.archive.org/web/20170402022917/http://www.wipo.int/wipolex/en/details.jsp?id=13403
- https://web.archive.org/web/20231210140045/http://www.hrw.org/news/2013/01/04/china-renewed-restrictions-send-online-chill
- https://web.archive.org/web/20240226143908/http://www.gov.cn/zwgk/2006-05/29/content_294000.htm
- https://web.archive.org/web/20220112052017/http://www.gov.cn/flfg/2009-12/26/content_1497435.htm
- https://web.archive.org/web/20200714182556/http://www.npc.gov.cn/wxzl/wxzl/2000-12/17/content_4680.htm
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CHINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in China's law and jurisprudence. A safe harbour defence for internet intermediaries providing hosting services is spelt out in the Guiding Framework on Protection of Copyright for Network Dissemination (Art. 14-17, 22). The hosting defence established in Art. 22, only applies to service providers who host third-party materials. However, Art. 36 of the Tort Law of the People's Republic of China states that a "network service provider" shall assume the tort liability if it infringes "upon the civil right or interest of another person."
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20240129171425/http://www.article19.org/data/files/Intermediaries_ENGLISH.pdf
- https://web.archive.org/web/20200222120116/http://www.jetlaw.org/2016/01/18/executives-of-a-chinese-online-video-sharing-service-provider-stood-trial-for-internet-pornography/
- https://web.archive.org/web/20220120082414/http://www.wipo.int/export/sites/www/copyright/en/doc/liability_of_internet_intermediaries.pdf
- https://web.archive.org/web/20180425225959/http://www.wipo.int/wipolex/en/text.jsp?file_id=182630
- https://web.archive.org/web/20170402022917/http://www.wipo.int/wipolex/en/details.jsp?id=13403
- https://web.archive.org/web/20231210140045/http://www.hrw.org/news/2013/01/04/china-renewed-restrictions-send-online-chill
- https://web.archive.org/web/20240226143908/http://www.gov.cn/zwgk/2006-05/29/content_294000.htm
- https://web.archive.org/web/20220112052017/http://www.gov.cn/flfg/2009-12/26/content_1497435.htm
- https://web.archive.org/web/20200714182556/http://www.npc.gov.cn/wxzl/wxzl/2000-12/17/content_4680.htm
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CHINA
Since June 2022, entry into force in August 2022
Pillar Intermediary liability |
Indicator User identity requirement
Provisions on the Management of Mobile Internet Applications' Information Services (移动互联网应用程序信息服务管理规定)
Art. 6 of the "Provisions on the Management of Mobile Internet Applications’ Information Services" stipulates that application providers offering services such as information dissemination or instant messaging must verify the real identity information of individuals seeking to register. Such verification shall be conducted using credentials including mobile telephone numbers, identification numbers, or a unified social credit code. Where users fail to provide authentic identity information, or unlawfully appropriate the identity details of organisations or other individuals to falsify registration, the relevant services must not be made available to them.
Coverage Application providers
Sources
- https://web.archive.org/web/20260324190250/https://www.chinalawtranslate.com/en/mobile-app-information-services/
- https://web.archive.org/web/20260108110224/https://www.cac.gov.cn/2022-06/14/c_1656821626455324.htm
- https://web.archive.org/web/20260324191714/https://www.sohu.com/a/562231688_120942243
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