The Cyberspace Administration of China ("CAC") recently issued the Provisions on Cyber Protection of Personal Information of Children (the "Provisions"), and it will take effect from October 1, 2019.
The children mean the minor whose age is less than fourteen years old.
The Provisions shall apply to activities such as the collection, storage, use, transfer and disclosure of the personal information of children through the network within the territory of the People's Republic of China.
Network operators, who collect, store, use, transfer or disclose the personal information of children, shall follow the principles of righteousness, necessity, informed consent, definite purpose, safety guarantee and legal use.
The Provisions stipulate that network operators shall establish specific rules for the protection of the personal information of children and the user agreement, and set up designate personnel to specially take charge of protecting the personal information of children.
Network operators that collect, use, transfer or disclose the personal information of children shall, in a notable and clear way, notify children's guardians of their practices, and obtain the consent from children's guardians.
Network operators are required to provide the guardians with an option for refusal and notify the guardians of why, how and to what extent they will collect, store, use, transfer, or disclose children's personal information, while seeking the consent from the guardians.
Where network operators fail to adequately perform their duties in respect of safety management for the personal information of children, which results in the existence of relatively major safety risks or the occurrence of safety incidents, the cyber security regulators will hold regulatory interview with them according to their authority, and network operators shall take corrective actions in a timely manner to eliminate the hidden risks.
If you want to read the complete article, you can refer to the below link (in Chinese only).
http://www1.shanghaiinvest.com/cn/viewfile.php?id=14042&from=singlemessage&isappinstalled=0
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Mr. Mike Chang
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