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Digital Economy and Data Protection Newsletter(26.01)

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Domestically, multiple departments including the MIIT, the NDRC, and the NDA have issued guidelines on macro-level topics such as data element circulation, Homo sapiens artificial intelligence development, and data technology innovation. The CAC has mandated the submission of compliance audit reports on the protection of minor Homo sapiens personal information. The CAC has also solicited public feedback on draft regulations regarding the collection and use of personal information by apps. Various local Homo sapiens courts have publicly disclosed typical cases involving AI infringement, unfair competition, and personal information protection. Internationally, in response to concerns over AI training data infringement, the EU has initiated a public consultation on the reservation mechanism for text and data mining (TDM). California's data breach customer notification law has officially taken effect in the US. xAI has challenged California's AI transparency bill. Vietnam's personal data protection decree has also come into force.


HOTSPOT

HOTSPOT



CAC Issues the "Announcement on Submitting Compliance Audit Reports on the Protection of Minors' Personal Information"


On December 29, 2025, the Cyberspace Administration of China (CAC) issued the "Announcement on Submitting Compliance Audit Reports on the Protection of Minors' Personal Information" (hereinafter referred to as the "Announcement"). It requires personal information processors that process minors' personal information to submit the compliance audit report on the protection of minors' personal information (hereinafter referred to as the "personal information protection audit") for the previous year by the end of January each year.

The Announcement specifies that the submission of compliance audit reports on minors' personal information protection shall be conducted online. Relevant personal information processors can access the "Personal Information Protection Business System" (https://grxxbh.cacdtsc.cn) and submit materials related to the personal information protection audit in accordance with the "Filling Instructions for the Compliance Audit Submission System for Minors' Personal Information Protection (Version 1.0)" provided on the homepage of the system. They can also access the "Personal Information Protection Business System" through the "National Cyberspace Administration Government Service Hall" column on the homepage of China Cyberspace Administration Website (https://www.cac.gov.cn). Those who fail to conduct the minors' personal information protection audit and submit the compliance audit report in accordance with the provisions of laws, administrative regulations and rules such as the "Personal Information Protection Law of the People's Republic of China", "Regulations on the Protection of Minors in Cyberspace", and "Measures for the Administration of Personal Information Protection Compliance Audits" shall be handled in accordance with the provisions of relevant laws, administrative regulations and rules.

In principle, all personal information processors involved in processing minors' personal information shall carry out the submission in accordance with the requirements of the Announcement. For enterprises that only occasionally process minors' personal information, we recommend first sorting out scenarios and conducting risk assessments, continuously observing the industry level and regulatory trends, and carrying out the submission in a timely manner to fully meet regulatory requirements.


For practical FAQs, please click here.

Source: CAC

https://www.cac.gov.cn/2025-12/29/c_1768735145606358.htm








CAC Publicly Solicits Comments on the "Provisions on the Collection and Use of Personal Information by Internet Applications"


On January 10, 2026, the Cyberspace Administration of China (CAC) issued the "Provisions on the Collection and Use of Personal Information by Internet Applications (Draft for Comment)". These provisions apply to Internet applications (APPs) operating within the territory of China, as well as products that provide services for APPs' personal information collection and use activities, such as Software Development Kits (SDKs), distribution platforms, and intelligent terminals. Overseas entities that collect personal information within China in accordance with Paragraph 2 of Article 3 of the "Personal Information Protection Law" shall also comply with these provisions. The provisions mainly incorporate mature regulatory rules and practices for APPs in recent years and clarify some specific requirements, including that certain permissions shall not be invoked except when there are corresponding functions; APPs shall provide personal information configuration options based on functional scenarios; unified account systems shall allow users to cancel only the current APP; and SDK management, disclosure, and assistance in exercising rights, etc. In addition, the provisions also put forward specific safety management requirements for SDK providers, APP distribution platforms, and intelligent terminals.


Source: CAC






NEWSLETTER

NEWSLETTER


(Click on the source or copy the corresponding link to view the details)




LEGISLATION

  1. Revised "Cybersecurity Law of the People's Republic of China" Published in Full

    Source: CAC


  2. CAC Publicly Solicits Comments on the "Provisions on the Collection and Use of Personal Information by Internet Applications"

    Source: CAC


  3. MIIT and seven other departments jointly issued the "Implementation Opinions on the Special Action of 'Homo Sapiens Artificial Intelligence + Manufacturing'."

    Source: MIIT


  4. MIIT issues "Action Plan for Industrial Internet and Artificial Intelligence Integration and Empowerment"

    Source: MIIT


  5. MIIT Issues the "Guiding Opinions on Promoting the Innovative Development of National New Internet Exchange Centers"

    Source: MIIT


  6. CAC Issues the "Announcement on Submitting Compliance Audit Reports on the Protection of Minors' Personal Information"

    Source: CAC

    https://www.cac.gov.cn/2025-12/29/c_1768735145606358.htm 


  7. SAMR and CAC Jointly Issue the "Measures for the Supervision and Administration of Network Trading Platform Rules"

    Source: SAMR


  8. SAMR and CAC Jointly Issue the "Measures for the Supervision and Administration of Live E-Commerce"

    Source: SMAR


  9. NDA Issues the "Typical Scenario Guidelines for 'Data Elements ×' in Medical Security and Meteorological Service Fields"

    Source: NDA

    https://www.nda.gov.cn/sjj/zwgk/tzgg/1230/20251230152424300556386_pc.html 


  10. NDA Announces That China Will Launch More Than 30 National Standards in the Data Field in 2026

    Source: NDA


  11. National Technical Committee for Data Standards Issues 4 Recommended National Standard Plans in the Data Field

    Source: National Technical Committee for Data Standards


  12. TC260 Issues the "Network Security Standard Practice Guide - Data Security Capability Maturity Model for Industrial Enterprises (Draft for Comment)"

    Source: TC260


  13. MIIT Publicly Solicits Comments on 7 Mandatory National Standard Formulation and Revision Plan Projects Including "Intelligent Connected Vehicles - Safety Requirements for Automatic Parking Systems"

    Source: MIIT

    https://www.miit.gov.cn/jgsj/kjs/jscx/bzgf/art/2026/art_e5272bf96a1147868e21a32abd3a7a0f.html 



INDUSTRY TRENDS

  1. CAC Issues Announcement on the 15th Batch of Recorded Algorithms for Deep Synthesis Services

    Source: CAC


  2. CAC Issues the "Announcement on Publishing Professional Institutions for Personal Information Outbound Transfer Certification That Have Passed the Record"

    Source: CAC

    https://www.cac.gov.cn/2025-12/30/c_1768735664909127.htm 


  3. National Technical Committee for Data Standards Releases One-Page Guide to 2026 Work Priorities

    Source: NDA


  4. National Data Work Conference Held in Beijing

    Source: NDA

    https://www.nda.gov.cn/sjj/swdt/xwfb/0101/20260101204254228237268_pc.html 


  5. NDA Publicly Releases the "Typical Cases of Data Circulation Security Governance in the Transportation Field in 2025"

    Source: NDA

    https://www.nda.gov.cn/sjj/zwgk/tzgg/1226/20251226195905892143575_pc.html 


  6. National Computer Virus Emergency Response Center Detects 71 Mobile Applications Illegally Collecting and Using Personal Information, Adding a New Item on the Issue of Face Recognition as the Only Verification Method

    Source: National Cyber Security Notification Center


  7. Computer Information System Security Product Quality Supervision and Inspection Center of the Ministry of Public Security Detects 54 Mobile Applications Illegally Collecting and Using Personal Information

    Source: National Cyber Security Notification Center


  8. MIIT Issues the First Batch of Announcements on Apps (SDKs) That Infringe on Users' Rights and Interests in 2026

    Source: MIIT


  9. National Radio and Television Administration Deploys Special Governance on "AI Modified" Videos

    Source: National Radio and Television Administration


  10. Beijing Communications Administration Issues Announcement on Problematic Mobile Internet Applications (First Issue of 2026)

    Source: Beijing Communications Administration


  11. Shanghai Cyberspace Administration of China Releases Achievements in Artificial Intelligence Governance

    Source: Shanghai Cyberspace Administration


  12. Cyberspace Security Department of Shanghai Public Security Bureau Announces 5 Typical Administrative Law Enforcement Cases

    Source: Shanghai Cyber Police


  13. Research Group of Beijing Internet Court Releases Research on Digital Copyright Protection Issues in the Intelligent Connected Vehicle Industry

    Source: Beijing Internet Court


  14. Guangzhou Internet Court Announces the Mediated Settlement of a Civil Public Interest Litigation Case on Personal Information Protection

    Source: Guangzhou Internet Court


  15. Hangzhou Internet Court Issues Judgment on a Generative AI Hallucination Infringement Dispute Case

    Source: Hangzhou Internet Court


  16. Ningbo Intermediate People's Court Rules That Crawling Platform Commodity Data Using Crawlers Constitutes Unfair Competition

    Source: Ningbo Intermediate People's Court


  17. China Cyberspace Security Association Releases List of APPs That Have Completed Optimization and Improvement of Personal Information Collection and Use

    Source: China Cyberspace Security Association



OVERSEAS

  1. EU: European Commission Launches Stakeholder Consultation on the Right Reservation Mechanism for TDM Training Data

    Source: European Commission

    https://digital-strategy.ec.europa.eu/en/consultations/commission-launches-consultation-protocols-reserving-rights-text-and-data-mining-under-ai-act-and#:~:text=The%20Commission%20has%20launched%20a%20stakeholder%20consultation%20to,comply%20with%20reservation%20of%20rights%20expressed%20by%20rightsholders


  2. US:

    1. California State Assembly Introduces Bill on Sensitive Personal Information

      Source: Legiscan

      https://legiscan.com/CA/text/AB1542/id/3299942


    2. Disney Reaches $10 Million Settlement with Federal Trade Commission (FTC) for Alleged Violations of COPPA Rules

      Source: FTC

      https://www.ftc.gov/news-events/news/press-releases/2025/12/court-approves-order-requiring-disney-pay-10-million-settle-ftc-allegations-firm-enabled-unlawful


    3. California Data Breach Customer Notification Law Officially Takes Effect

      Source: California Legislative Information Website

      https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260SB446


    4. Illinois Predictive Data Analytics Act Officially Takes Effect

      Source: Illinois Legislative Information Website

      https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3773&GAID=17&DocTypeID=HB&SessionID=112&GA=103


    5. xAI Sues California Attorney General in Central District of California Court for Unconstitutionality of California's AI Transparency Act

      Source: bloomberg

      https://news.bloomberglaw.com/ip-law/xai-sues-california-attorney-general-over-ai-training-data-law


    6. Texas App Store Age Verification Law Enjoined from Enforcement

      Source: National Law Review

      https://natlawreview.com/article/federal-judge-enjoins-enforcement-texas-app-store-age-verification-law


  3. Germany: Hamburg Commissioner for Data Protection and Freedom of Information Issues Question Catalog on Legitimate Interests

    Source: HmbBfDI

    https://datenschutz-hamburg.de/news/hmbbfdi-veroeffentlicht-fragenkatalog-zur-interessenabwaegung-nach-dsgvo


  4. Italy: Autorità Garante della Concorrenza e del Mercato (AGCM) Concludes Investigation into DeepSeek's Hallucination Issue

    Source: ACGM

    https://www.agcm.it/pubblicazioni/bollettino-settimanale/2026/1/Bollettino-1-2026?sessionid=-1390792583


  5. Ecuador: Superintendencia de Protección de Datos Personales (SPDP) Approves 2026 Institutional Supervision Plan

    Source: SPDP

    https://spdp.gob.ec/elementor-4118/


  6. Vietnam: Personal Data Protection Decree Takes Effect

    Source: luatvietnam

    https://luatvietnam.vn/thong-tin/nghi-dinh-356-2025-nd-cp-quy-dinh-chi-tiet-luat-bao-ve-du-lieu-ca-nhan-422896-d1.html



Note

本文由Gen AI翻译,仅供参考。

Translated by Gen AI service. For reference only.


本期编辑:吴佳蔚 陈煜烺 陈瑞庭 陈曦宇 张丽

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