Provisions on the Management of Mobile Internet Applications' Information Services

Title: Provisions on the Management of Mobile Internet Applications' Information Services
Promulgating Entities:Cybersecurity Administration
Reference number: 
Promulgation Date: 2016-6-28
Expiration date: 
Source of text: http://news.xinhuanet.com/info/2016-06/28/c_135471575_2.htm

Article 1: These Provisions are formulated on the basis of the “Standing Committee of the National of the National People's Congress's Decision on Strengthening Protections for Online Information” and the "State Council's Notification of Authorization of the State Internet Information Office to be Responsible for Efforts to Management Internet Information Content”, so as to strengthen management of mobile internet application (APP) information services, protect the lawful rights and interests of citizens, legal persons, and other organizations, safeguard national security and the public interest.

Article 2: Those using mobile internet applications to provide information services and engaging in internet application store services within the mainland territory of the PRC shall obey these Provisions.

"Mobile Internet Applications" as used in these Provisions refers to applications software obtained through methods such as pre-installation or downloads and used in mobile smart terminals to provide users with information services.

"Mobile Internet Applications Providers" as used in these Provisions refers to the owners or operators of mobile internet applications providing information services.

"Internet application stores" as used in these Provisions refers to platforms using the internet to provide browsing, searches, and downloading of software, or development tools and product release services.

Article 3: The State Internet Information Office is responsible for nationwide supervision, management and law enforcement efforts on mobile internet applications' information content. Local internet information offices are responsible for supervision, management and law enforcement efforts on mobile internet applications' information content within that administrative region and on the basis of their duties.

Article 4: All levels of Party and government organ, enterprise and public institution, and all people's organizations are encouraged to actively use mobile internet applications to advance government transparency, provide public services, and promote economic and social development.

Article 5: Those using mobile internet applications to provide information services shall lawfully acquire the relevant credentials as provided by laws and regulations. Those engaging in internet application store services shall also file for the record with the provincial, autonomous region, or directly governed municipality's internet information office within thirty days of business operations going online.

Article 6: Mobile internet application providers and internet application store service providers must not exploit mobile internet applications to engage activities prohibited by laws and regulations such as those endangering national security, disrupting social order, or violating the lawful rights and interests of others; and must not exploit mobile internet applications to draft, reproduce, publish, or transmit information content prohibited by laws and regulations.

Article 7: Mobile internet application provides shall strictly implement responsibility for information security management and perform the following obligations:

(1) Follow the principle of "real names on file, but whatever you want up front" , to conduct verification of registered users based on their mobile phone number and other valid identity information.

(2) Establish and complete mechanisms for protecting user information security; collection and user of users' personal information shall abide by principles of legality, propriety and necessity, explicitly stating the purposes, means and scope for collecting or using information, and obtaining the users' consent.

(3) Establish and complete mechanisms for the review and management of information content; by using methods of punishment such as warnings, limiting functions, pausing updates, or closing accounts, in light of the circumstances, against those publishing information content that violates laws and regulations, and preserving the records and reporting to the competent departments.

(4) Lawfully protect users' rights to know and to choose during the course of installation and use. Without clear indication to the user and the user's consent, there must be no collecting of geographic positioning, reading of address books, use of cameras, or activation of audio recording or other functions; and there must be no activation of functions unrelated to the service or bundled application of unrelated applications.

(5) Respect and protect intellectual property rights. Applications that encroach others' intellectual property rights must not be made or published.

(6) Record user log information and preserve it for sixty days.

Article 8: Internet application store service providers shall perform the following management responsibilities for application providers:

(1) Conduct reviews of application providers' authenticity, security, lawfulness and so forth, and establish credit management systems and file these for recording with the provincial, autonomous region, or directly governed municipality's internet information office.

(2) Urge application providers to protect user information, provide complete explanations of applications' receipt and use of user information and present this to users.

(3) Urge application providers to publish legal information content, establish and complete mechanisms for security review, and allot specialized personnel corresponding to the scale of services.

(4) Urge application providers to publish legal applications, respect and protect the intellectual property rights of application providers.

Employ measures such as warnings, suspending publication, or removing applications from sale, against application providers violating the provisions of the preceding paragraph; preserve the records and report to the competent departments.

Article 9: Internet application store service providers and mobile internet application providers shall sign service agreements clarifying the rights and obligations of both sides, and shall both obey laws and regulations and the conventions of the platform.

Article 10: Mobile internet application providers and internet application store service providers shall cooperate with relevant departments conducting supervision and inspections in accordance with law, shall Conscientiously accept social supervision, shall establish fast easy portals for complaints and reports, and shall promptly address public complaints and reports.

Article 11: These Provisions take effect on August 1, 2016.