- Provisions on Regulating the Market Order of Internet Information Services in China
- June 21, 2012 | Author: Omar Puertas
- Law Firm: Cuatrecasas, Gonçalves Pereira - Shanghai Office
- The Provisions aim to regulate mala fides competition between internet information service providers (“IISPs”), the protection of user rights and interest, and the protection of user personal information.
Under these Provisions, “users’ personal information” refers to 1) user-related information that can independently identify users, and 2) user-related information that can identify users in combination with other information. IISPs cannot collect the personal information of users or transfer it to others without the users’ consent, unless otherwise provided by law. When IISPs obtain consent from users, they must clearly inform the users of the methods they use to collect and process users’ personal information, and the purpose of that collection and processing. IISPs must not collect any information other than that necessary to provide their services or use users’ personal information for purposes other than to provide their services. IISPs must store users’ personal information correctly. When users’ personal information stored by IISPs is or is likely to be released, IISPs must take immediate measures to protect the information.The Provisions also establish sanctions applicable to IISPs that breach these obligations.