Database

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CHINA

Since August 2021, entry into force in November 2021

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Personal Information Protection Law (个人信息保护法)
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China, as specified in Art. 3, shall set up specialised agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal

CHINA

Since June 2017
Since June 2017

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Internet News Information Service Management Regulations (互联网新闻信息服务管理规定)

Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6, to apply for an Internet news information service license, one must have places, facilities, and funds suitable for the service. The Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers
Sources

CHINA

October 1993, entry into force in January 1994, last amended in March 2014

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law of the People's Republic of China on Protection of Consumer Rights and Interests (消费者权益保护法)
The Chinese consumer protection framework is set out in the Law of the People's Republic of China on Protection of Consumer Rights and Interests. The law applies to all consumers purchasing and using commodities or receiving services for daily consumption and to business operators in their supply of commodities produced and sold by them or services provided to consumers.
Coverage Horizontal

CHINA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
China has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CHINA

Since 2004

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CHINA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
China has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CHINA

Since July 1999

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Regulation on Commercial Encryption (关于商业加密的规定)
Without a sales certificate provided by China’s National Commission on Encryption Code Regulations (NCECR), it is illegal to sell products using Commercial Encryption Codes (CEC). It is also prohibited to use CEC products not certified by the NCECR. The public promotion and/or exhibition of CEC products must be reported to and approved by the NCECR in advance.
To obtain the certificate, the company must fulfil three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.
Coverage Encryption products

CHINA

Since April 2009, entry into force in October 2009

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Postal Law of the People's Republic of China (中华人民共和国邮政法)
According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.
Coverage Express delivery services

CHINA

Since July 2016, entry into force in November 2016, last amended in November 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Interim Measures for the Administration of Online Taxi Booking Business Operations and Services (网络预约出租汽车经营服务管理暂行办法)
China instituted a licensing system for online taxi companies, which requires that personal information and business data be stored and used in mainland China and not transferred outside of China. Such information should be retained for two years, except when otherwise required by other laws and regulations. The Measurement also requires that taxi companies' servers be set up in Mainland China, with a network security management system and technical measures for security protection in compliance with regulations.
Coverage Online taxi sector

CHINA

Since 2000

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
State Monopoly on Imports and Distribution of Multimedia Products (国家对多媒体产品的进口和分销实行垄断)
China's General Administration of Press and Publications agency selects which publications and audiovisual products may enter China, while the State Administration on Radio, Film, and Culture and the Ministry of Culture review various media. Additionally, China's Ministry of Culture selects which entities may import finished audiovisual products. This effective monopoly on the import and distribution of multimedia products means that China tightly restricts the import of cultural media into the country, including reading materials (e.g. newspapers, periodicals, electronic publications), audiovisual home entertainment products (e.g. video, compact discs, digital video discs), sound recordings (e.g. recorded audio tapes), and films for theatrical release. These measures have been the focus of a WTO investigation launched by the United States in 2007 (DS363). The panel ruled in favour of the complainant, deeming that China had not adequately substantiated its defence, which concerned the need to protect public morals. In total, the panel found 29 WTO violations throughout various Chinese regulations, catalogues, rules, opinions, and legal instruments. Rather than fully implementing the panel's recommendations, China and the US reached a memorandum of understanding via a negotiated settlement. Many of the associated laws remain in place, and their influence is amplified by provincial and local-level regulations that cite them.
Coverage Media sector

CHINA

Since January 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
MOFCOM Notice No. 106/2018 (商务部第106/2018号公告)
In December 2018, the Ministry of Commerce (MOFCOM) and the General Administration of Customs issued the adjusted catalogue of used mechanical and electrical products prohibited from import, effective from January 2019. The adjusted catalogue includes video recorders, sound recorders or playback equipment using semiconductor media, disc-type broadcast video recorders, and colour LCD monitors that can be directly connected and designed for automatic data processing equipment.
Coverage Certain mechanical and electrical products

CHINA

Since October 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Cryptography Law of the People's Republic of China, 2019 (中华人民共和国密码法, 2019年)
Under the Cryptography Law, the import and export of commercial encryption products, technologies, and services remain subject to government approval. Commercial encryption products that may affect national security and public interest and have encryption-based protective functions can only be imported under a permit. The Ministry of Commerce, the Office of State Commercial Cryptography Administration (OSCCA), and the General Administration of Customs publish catalogues of commercial encryption products subject to the above import permit and export controls. The requirements above do not apply to commercial encryption used in products for consumption by the general population. However, the cryptography law does not define the term, leaving it unclear how this is implemented in practice.
In addition, the Cryptography Law has removed the requirement for mandatory certification and has instead established a voluntary certification scheme, which encourages manufacturers to apply to qualified agencies for the testing and certification of their commercial encryption products. The products in the Product Catalogue are no longer subject to mandatory approval requirements before launching their product. The voluntary certification provides a marking that assures customers that their commercial encryption products conform with Chinese encryption standards. The product catalogue includes smart password keys, smart IC cards, ATM application systems, security authentication, and financial data encryption machines, among others.
Coverage Encryption products and encryption software

CHINA

Since September 2014

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas (关于进一步落实网上境外影视剧管理有关规定的通知)
Since September 2014, the Chinese State Administration of Radio, Film and Television (SARFT) has tightened the regulation for foreign TV and online streaming content. According to the Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas, online platforms have to limit foreign content to 30% of the streaming content made available online.
Coverage Online Broadcast Content

CHINA

Since July 2001, last amended in December 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Announcement No. 57 of 2023 of the Ministry of Commerce and the Ministry of Science and Technology on the Announcement of the Catalogue of Technologies Prohibited or Restricted from Export from China (商务部 科技部公告2023年第57号 关于公布 (中国禁止出口限制出口技术目录) 的公告)
In December 2023, China's Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST), through Announcement No. 57 of 2023, published a revised Catalog of Technologies that are Prohibited or Restricted for Export, which was last updated in August 2020. Following a draft revision published for public comment in December 2022, the updated Catalog reduces the number of controlled items (requiring prior government authorizationn for export) from 164 to 134, with 34 items deleted, 4 added and 37 modified, including dual-use technologies under export control management.
The list of items prohibited for export includes technologies such as encryption and decryption software and hardware. On the other hand, among the products included in the list of restricted goods are cryptographic security technologies, countermeasure and information defense technologies, 3D and laser printing technologies, cryptographic chip design and implementation, information processing technology and basic software security enhancement technology.
Coverage Several technologies, including 3D printing, cryptographic chip design and implementation, information processing, basic software security enhancement

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