China.com. On January 5, the Cyberspace Administration of China recently issued the Provisions on the Administration of Information Services for Mobile Internet Applications (Draft for Solicitation of Comments) (hereinafter referred to as the Provisions), which are open to the public for comments.
The "Provisions" propose that where an application provides users with services such as information release and instant messaging, it shall conduct authentication of real identity information based on methods such as mobile phone numbers, ID card numbers, or unified social credit codes for users applying for registration. Where users do not provide real identity information, or fraudulently use the identity information of organizations or others for false registration, they must not be provided with relevant services.
The "Provisions" make it clear that application providers providing Internet news information services through applications shall obtain An Internet news information service license, and it is prohibited to carry out Internet news information service activities without permission or beyond the scope of the license.
Where the provision of other Internet information services requires the review and consent of the relevant competent departments or the acquisition of relevant licenses in accordance with law, the services may only be provided after the relevant competent departments have reviewed and approved or obtained relevant permits.
The Provisions require application providers to formulate and disclose management rules and platform conventions, sign service agreements with registered users, clarify the relevant rights and obligations of both parties, and require registered users to comply with these Provisions and relevant laws and regulations.
Application providers shall establish and complete information content review and management mechanisms, establish and improve management measures such as user registration, account management, information review, routine inspections, and emergency response, and allocate professionals and technical capabilities appropriate to the scale of services.
For registered users who violate relevant laws and regulations and service agreements, the application provider shall, in accordance with the law, employ disposal measures such as warnings, restricting functions, and closing accounts, and keep records and report to the relevant competent departments.
The Provisions make it clear that application providers shall standardize their business management behaviors, and shall not use false publicity, bundled downloads, etc., or use illegal and negative information to induce users to download, and must not use machine or manual means to brush lists, brush quantities, control evaluations, and create false traffic.
Applications should comply with the mandatory requirements of national standards related to cybersecurity. Carrying out application data processing activities shall perform data security protection obligations, establish and complete a full-process data security management system, employ technical measures to ensure data security and other security measures, strengthen risk monitoring, and must not endanger national security or the public interest, and must not harm the lawful rights and interests of individuals or organizations.
Engaging in application personal information processing activities shall follow the principles of legality, propriety, necessity, and good faith, have a clear and reasonable purpose and disclose processing rules, comply with relevant provisions on the scope of necessary personal information, standardize personal information processing activities, take necessary measures to ensure the security of personal information, must not compel users to agree to non-essential personal information handling behavior for any reason, and must not refuse users to use their basic functional services because users do not agree to provide non-essential personal information.
Application providers shall adhere to the principle of being most beneficial to minors, pay attention to the healthy growth of minors, perform all obligations for the protection of minors' networks, strictly implement requirements for real-name registration and login of minor user accounts, and must not provide minor users with relevant products and services in any form that induce their addiction.
(Editor: Dong Xiaodi)
Released by China
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