CAC issues rules on mobile internet applications | Practical Law

CAC issues rules on mobile internet applications | Practical Law

The Cyberspace Administration of China has issued new rules to regulate mobile internet applications, together with providers of mobile internet applications and internet application stores.

CAC issues rules on mobile internet applications

Practical Law UK Legal Update 3-630-7988 (Approx. 2 pages)

CAC issues rules on mobile internet applications

by Practical Law China
Published on 11 Jul 2016 • China
The Cyberspace Administration of China has issued new rules to regulate mobile internet applications, together with providers of mobile internet applications and internet application stores.
On 28 June 2016, the Cyberspace Administration of China (CAC) issued the Provisions on the Administration of Mobile Internet Application Information Services (移动互联网应用程序信息服务管理规定) (Provisions on Mobile App), which will take effect 1 August 2016. The provisions were issued in conjunction with the Provisions on the Administration of Internet Search Services (互联网信息搜索服务管理规定) (Provision on Internet Search) and will strengthen data privacy in China and further assist the government in monitoring and policing the internet.
Under the provisions, "mobile internet application" (互联网应用程序) means application software obtained by pre-installation or downloading, and used in mobile smart terminals to provide users with information services. The term "mobile internet application providers" (互联网应用程序提供者) means the owners or operators of mobile internet applications that provide information services.
The provisions require mobile internet application providers to:
  • Verify the identity and contact information of mobile internet application users.
  • Adhere to the principles of legality, propriety and necessity and obtain the user’s consent when collecting and processing personal data.
  • Punish those publishing content in violation of Chinese law.
  • Report content violations to the relevant government agencies.
  • Refrain from accessing the location, address book, camera, audio recording or other functions unrelated to the application without the user’s consent.
  • Protect intellectual property rights.
  • Record user logs and keep them for at least 60 days.
(Article 7, Provisions on Mobile App.)
The provisions also impose similar obligations on service providers of internet application stores (互联网应用商店), which refer to platforms using the internet to provide browse, search and download services, or development tools and product release services.
For more information on Provisions on Internet Search, see Legal update, CAC issues provisions on internet search services.
Source: CAC website: Provisions on the Administration of Mobile Internet Application Information Services (国家网信办发布《移动互联网应用程序信息服务管理规定》).