China: Introduced Draft Regulations on the Administration of Network Data Security including algorithm disclosure requirements

Description

Introduced Draft Regulations on the Administration of Network Data Security including algorithm disclosure requirements

On 14 November 2021, the Draft Regulations on the Administration of Network Data Security have been introduced. The draft in question is intended to implement and to further specify the details of the (i) Cybersecurity Law, (ii) Data Security Law and the (iii) Personal Information Protection Law (PIPL). In Chapter 6, the draft provides among others an obligation for internet platform operators to disclose algorithm policies, as well as formulation procedures and adjustment procedures (see Art. 43).

Original source

Scope

Policy Area
Consumer protection
Policy Instrument
User/subject right
Regulated Economic Activity
platform intermediary: user-generated content, platform intermediary: e-commerce, ML and AI development, platform intermediary: other
Implementation Level
national
Government Branch
executive
Government Body
other regulatory body

Complete timeline of this policy change

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2021-11-14
under deliberation

On 14 November 2021, the Draft Regulations on the Administration of Network Data Security have been…

2021-11-14
in consultation

On 14 November 2021, the consultation for the Draft Regulations on the Administration of Network Da…

2021-12-13
processing consultation

On 13 December 2021, the consultation for the Draft Regulations on the Administration of Network Da…

2024-08-30
adopted

On 30 August 2024, the State Council of China approved the Network Data Security Management Regulat…

2025-01-01
in force

On 1 January 2025, the Network Data Security Management Regulation enters into force. Under the reg…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity platform intermediary: user-generated content
Category All
2
Type Other corporate representative
Economic activity platform intermediary: user-generated content
Category All
3
Type Private organisation
Economic activity platform intermediary: user-generated content
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
user content: any format: hosting (any form)
Regulatory tool
Regulator algorithm description requirement
Sanctions
Regulated subjects
3
Regulatory tool
Sanctions
Fine
Suspension of business
Termination of business license
Website or service access blocking
Regulated subjects
1
Regulatory tool
Sanctions
Fine
Regulated subjects
2

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

user content: any format: hosting (any form)

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