The following announcement is hereby made on the basis of the Cybersecurity Law of the PRC, The Personal Information Protection Law of the PRC, and The PRC Regulations on Telecommunications, so as to further regulate the preinstallation of application software on mobile smart terminals, protect users' rights and interests, increase the mobile application service supply level, and build a more secure and more vital production and business ecology, to promote the sustainable and rich development of the mobile internet.
I. "Pre-installed application software" as used in this Announcement refers to software programs that are preinstalled by manufacturing enterprises with portals for user interaction on the home screens or supplemental screens of mobile smart terminals, which are provided to satisfy user demand and can be used independently.
II. The preinstallation of mobile smart terminal application software should comply with the principles of lawfulness and compliance, putting the user first, security and convenience, and minimum necessity; and put in place the primary responsibility of enterprises in accordance with the requirement of having the preinstallers take responsibility, and respect and lawfully preserve users' right to know and right to choose, and safeguarding users' lawful rights and interests.
III. Manufacturing enterprises should ensure that preinstalled software other than that for basic functions in mobile smart terminals can be uninstalled, and provide secure and convenient uninstallation methods for users to select.
IV. Software for basic functions is limited to the following scope:
(1) Basic components of operating systems: system settings, file management;
(2) Applications that ensure the normal operation of smart terminal hardware: multimedia recording;
(3) Basic communications applications: receiving and making phone calls, receiving and sending text messages, address books, browsers;
(4) Channels for downloading application software: app stores.
For a single basic function, at most one pre-installed software application may be made non-uninstallable.
V. Manufacturing enterprises should improve mechanisms for the management of mobile smart terminal authority, improve the security of operating systems, and employ technical and management measures to prevent substitutions of the operating system and installation of application software in product circulation.
VI. In accordance with the relevant provisions of the Interim Provisions on Managing the Pre-Installation and Distribution of Application Software for Mobile Start Terminals (MIIT Xingguan (2016) No. 407), manufacturing enterprises should ensure that preinstalled software is safe and compliant, clearly indicate information related to the preinstalled application software they provide, fulfill management responsibilities through the full cycle of registration, review, monitoring, storage, market removal, and other stages; improve service safeguard measures such as complaint acceptance systems, promptly address user complaints, and implement responsibility for the protection of personal information.
VII. In conjunction with the Cyberspace Administration of China, the Ministry of Industry and Information Technology is to strengthen oversight and inspections of the preinstallation of application software. Violations of the provisions of this Announcement are to be addressed in accordance with relevant laws and regulations.
VIII. The announcement is to be enforced from January 1, 2023.
Notice is hereby given.
Ministry of Industry and Information Technology, Cyberspace Administration of China
November 30, 2022
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