Mobile Internet Application Information Service Management Regulations
Article 1: In order to strengthen management of mobile Internet application (apps) information services, protect the lawful rights of citizens, legal persons and other organizations, safeguard national security and the public interest, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility of Internet Information Content Management”, these Regulations are formulated.
Article 2: These Regulations shall apply to the provision of information services through mobile Internet applications within the borders of the People’s Republic of China, and to engaging in Internet application store services.
Mobile Internet apps as mentioned in these Regulations refers to application software obtained through installation or download, operating on mobile smart terminals, and providing information services to users.
Mobile Internet application providers as mentioned in these Regulations refers to mobile Internet application owners and operators providing information services to the public.
Internet application stores as mentioned in these Regulations, refers to platforms to provide application browsing, search, download and exploitation tools and product dissemination services through the Internet.
Article 3: The Cyberspace Administration of China is responsible for supervision, management and law enforcement concerning mobile Interne application information content nationwide. Local cyberspace and informatization offices, on the basis of their duties, are responsible for supervision, management and law enforcement work concerning mobile Internet application information content within their administrative areas.
Article 4: All levels’ Party and government bodies, enterprise and undertaking work units and people’s organizations are encouraged to vigorously use mobile Internet applications to advance government affairs openness, provide public services and stimulate economic and social development.
Article 5: When providing information services through mobile Internet applications, the relevant qualifications provided in laws and regulations shall be obtained according to the law. To engage in Internet application store services, filing procedures shall be conducted within 30 days of the business going online and starting operations, within the local provincial, autonomous region or municipal cybersecurity and informatization department.
Article 6: Mobile Internet application providers and Internet application store service providers may not use mobile Internet applications to commit harm to national security, upset social order, infringe other persons’ lawful rights and interests and other such acts prohibited in laws and regulations, they may also not use mobile Internet applications to produce, reproduce, publish or distribute information content prohibited by laws and regulations.
Article 7: Mobile Internet application providers shall strictly implement their information security management responsibilities, and carry out the following duties according to the law:
(1) According to the principle of “real name backstage, volunteering front stage”, conduct mobile telephone number-based real identity information verification of registered users.
(2) Establish and complete user information security protection mechanisms, the principles of legality, justice and necessity shall be respected when collecting and using personal information, the objective, method and scope of collected and used data shall be clarified, and the user shall consent.
(3) Establish and complete information security content inspection and management mechanisms, where information content violating laws or regulations is published, in view of the circumstances, punishments such as a warning, restriction of functions, provisional cessation of renewal and account closure are implemented, records and relevant controlling department reports are to be preserved.
(4) Lawfully protect users’ right to know and right to choose in the process of usage, without clear indication to users and users’ consent, it is not permitted to initiate functions such as collection of geographic location, consulting the address book, using the camera, starting music, etc., it is not permitted to open functions unrelated to the service, and it is not permitted to bundle or install unrelated applications.
(5) Respect and protect intellectual property rights, it is prohibited to produce or disseminate applications infringing other persons’ intellectual property rights.
(6) Record users’ daily information, and preserve it for 60 days.
Article 8: Internet application store service providers shall carry out the following management responsibilities vis-a-vis application providers:
(1) Examining the truthfulness, security and legality of the application provider, establishing credit management structures, and filing the matter with local provincial, autonomous region or municipal cybersecurity and informatization offices.
(2) Supervising application providers’ protection of user information, comprehensively providing explanation on how applications obtain and use user information, and presenting this to users.
(3) Supervising application providers’ publication of lawful information content, establishing and completing security review mechanisms, and allocating specialist personnel suited to the scale of services.
(4) Supervising application providers’ publication of lawful applications, respecting and protecting application providers’ intellectual property rights.
Application providers violating the provisions in the previous Paragraph will, in view of the gravity of the circumstances, be subject to measures such as warning, provisional cessation of distribution, removal of the application, etc., records are to be preserved and reported to the relevant department in charge.
Article 9: Internet application store service providers and Internet application service providers shall sign service agreements, clarifying both sides’ rights and obligations, and jointly respect laws, regulations and the platform agreement.
Article 10: Mobile Internet application providers and Internet application service providers shall cooperate with relevant departments that conduct supervision and inspection according to the law, consciously accept social supervision, install convenient complaints and reporting gateways, and timely deal with complaints and reports from the masses.
Article 11: These Regulations take effect on 1 August 2016.