Release Date: 06-08-2016
Chinese Title: 移动互联网应用程序信息服务管理规定
Article 1 In order to strengthen the administration of mobile internet application (App) information services, protect legitimate rights and interests of citizens, legal persons and other organisations, and safeguard national security and the public interest, these Regulations are enacted according to Decision of Standing Committee of the National People’s Congress on Strengthening the Network Information Protection and Notice of the State Council on Authorising the Cyberspace Administration of China with Administration of Internet Information Contents.
Article 2 When information services are provided through Apps, and when online App store services are provided within the People’s Republic of China, these Regulations shall be observed.”App” mentioned in these Regulations refers to the application software which are acquired through pre-installment, downloads and other ways and run on smart mobile terminals to provide information services to users.
“App providers” mentioned in these Regulations refers to App owners or operators who provide information services.
“Online App stores” mentioned in these Regulations refers to the platform which provides the services of App browsing, searching and downloading, or services for development tools and product release.
Article 3 Cyberspace Administration of China is responsible for the national supervision, regulation and law enforcement work in respect of App information content. Local cyberspace administrations are responsible for local supervision, regulation and law enforcement work in respect of App information content within their respective administrative regions according to their duties.
Article 4 It is encouraged for the Party and government organs at various levels, enterprises and public institutions, and non-governmental organisations to actively use Apps, promote open government, provide public services, and promote economic & social development.
Article 5 Relevant qualifications shall be obtained according to laws and regulations for information services provided through Apps. If online App store services are provided, filings shall be made with the cyberspace administration located at the province, autonomous region or municipality concerned within 30 days of the online business operation.
Article 6 App providers and online App store service providers shall not use Apps to engage in activities which endanger national security, disturb public order or violate others’ legitimate rights, and shall not use the Apps to produce, copy, release or circulate information content prohibited by laws and regulations.
Article 7 App providers shall strictly fulfill their responsibilities of information security management, and perform the following duties:
(1) In accordance with the principles of “real name at background, any name at foreground”, verify real identities with the registered users through mobile phone numbers etc.
(2) Establish and improve the mechanism for user information security protection, follow the principles of “legality, appropriateness and necessity” in collection and use of personal information, expressly state the purpose, methods and scope of information collection, and obtain the users’ consent.
(3) Establish and improve the verification and management mechanism for the information content; adopt proper sanctions and measures such as warning, limiting functions, suspending updates, and closing accounts, for releasing illegal information content, as appropriate; keep records and report to the competent department.
(4) According to the law, protect and safeguard users’ “rights to know and rights to choose” during installation or use; do not turn on the functions of collecting geographic location, reading address books, or using cameras or recordings, without express statement to the users and the consent of the users; do not turn on functions irrelevant to the services; do not tie up and install irrelevant Apps.
(5) Respect and protect intellectual property rights; do not produce or release Apps which violate others’ intellectual property rights.
(6) Keep records of user log information for 60 days.
Article 8 With regard to App providers, online App store service providers shall perform the following management duties;
(1) Conduct examination of App providers in terms of authenticity, security, legality, establish an information management system, and carry out the sorted filing with the cyberspace administration of the province, autonomous region or municipality concerned.
(2) Urge App providers to protect users’ information, completely provide the instructions on Apps acquirement and users’ information, and present them to the users.
(3) Urge App providers to release lawful information content, establish and improve the security scrutiny system, and deploy professionals adaptable to the scale of services.
(4) Urge App providers to release lawful Apps, and respect and protect the intellectual property rights of App providers.With regard to App providers who violate the previous clause, online App store service providers shall take measures such as warning, suspending release and terminating App sales as appropriate, keep the record and report to the competent authorities.
Article 9 Online App store service providers shall sign a service agreement with App providers, specifying the rights and duties of both parties, and jointly abide by laws, regulations and platform conventions.
Article 10 App providers and online App store service providers shall cooperate with relevant authorities in the supervision and inspection according to law, consciously accept social supervision, set up convenient complaint channels, and timely deal with public complaints.
Article 11 These Regulations come into force on 1 August 2016.