China’s Draft Regulations on push notifications apply to apps and websites
Gabriela Kennedy and Joshua T. K. Woo of Mayer Brown in Hong Kong report on the important aspects of these draft regulations which affect all companies with websites accessible in China. The devil is in the detail.
On 2 March 2022, the Cyberspace Administration of China (“CAC”) issued draft regulations on the administration of internet pop-up push notifications (the “Draft Regulations”). The Draft Regulations were issued pursuant to a number of laws, including the Cybersecurity Law.
The Draft Regulations bid to further tighten government control over the news followed a human trafficking controversy that erupted on Chinese social media after a woman was found chained by the neck in Xuzhou last month, and the invasion of Ukraine.
However, the regulations also address other aspects of push notifications – including prohibition of algorithmic models that profile minor users and encourage user addiction. This is in keeping with the Chinese government’s broader efforts to reduce the influence of Big Tech, and aligns with the recently issued Internet Information Service Algorithmic Recommendation Management Provisions that came into force on 1 March 2022.
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