China未成年人网络保护条例 (Regulations on the Protection of Minors in Cyberspace), State Council Order No. 766
In force since .
An age-appropriate design code rule binding private bodies.
- Age threshold
- 18
- Covered services
- Online games, livestreaming, audio-video and social networking services
- Verification methods
- Self declaration, Device signal
- Audit expectation
- periodic
- Who audits it
- Self, Independent third party
- Where the report goes
- Filed with regulator
What it requires
- Applies to online game, livestreaming, audio-video and social networking platforms.
- Provide a minor mode that limits usage time, functions and content in line with national standards.
- Reasonably cap single and cumulative spending by minors, by age band.
- Prevent traffic-driven inducements aimed at minors, such as fan voting campaigns.
- Display age-appropriate ratings prominently at download and login.
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionNo
Penalties
Administrative penalties including rectification orders, warnings, fines and suspension of services for noncompliant platforms
Who enforces it
Enforcement body
Cyberspace Administration of China (CAC) and other sectoral departments covering publishing, education, culture and broadcasting
Settledness
- As of
- Open questions
- Which 国家有关规定和标准 ("national provisions and standards") fix the usage periods, durations, functions and content of the 未成年人模式 ("minor mode") under Article 43?
- What limits on 单次消费数额和单日累计消费数额 ("single and daily cumulative spending amounts") are 合理 ("reasonable") for each age band under Article 44?
What it makes you log
Who may demand the log
Regulator
What the log must hold
Access record
Logging duty
Article 36 requires a personal information handler to record staff access to minors' personal information, with approval from a responsible person. Article 29 separately tells a provider that removes unlawful user content to preserve the related records and report to the cyberspace and public security authorities, and article 38 requires records to be preserved when a minor's private information shows the minor may be harmed. The age and identity checks of articles 31 and 46 name no record of the check, and no article sets a retention period.
- Kind
- Explicit
- As of
- Provision
- Regulations on the Protection of Minors in Cyberspace, art. 36
- Trigger
- personal_data_processing
What this law does
Implementing regulation requiring game, livestream, audio-video and social platforms to provide a minor mode limiting usage time, functions and content per national standards, to reasonably cap single and cumulative spending by minors by age band, to prevent traffic-driven inducements such as fan voting campaigns aimed at minors, and to display age-appropriate ratings prominently at download and login.
When LexLint raises it
When your app profile says your app operates a social platform or serves under-18s.
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