Who dominates my account?

Jingyun Wang

Jingyun Wang is a legal consultant. She holds a bachelor’s degree in French Language from the Xi’an International Studies University (China). Before joining DaWo Law Firm, Jingyun worked at a French law firm’s representative office in Shanghai.

The Administrative Provisions for the Management of Account Information of Internet User (hereafter referred to as “Provisions”) will come into effect on August 1st, 2022.

These Provisions are aimed at implementing the “Cybersecurity law” and “Personal Information Protection Law” and improve the systems of cyber security and personal information protection. We shall give a brief introduction to the key systems in these Provisions.

Applicable scope of the Provisions

These Provisions shall apply to the registration, as well as operation and management of the account information of internet users by any Internet-based Information Service Provider (“Service Provider”) located within the territory of the People’s Republic of China.

Taking into account other laws and regulations, in certain scenarios, the Service Provider incorporated under foreign law or located abroad will also be applicable for these Provisions when it provides the internet- based information service to the users who are located within China.

Verification of authenticity of the account information

In order to prevent some users from engaging in illegal and unlawful acts such as solicitation and deception by fabricating false identities and false employment information in their account information, which damages the legitimate rights and interest of the public, these Provisions require the Service Provider to verify the authenticity of account information.

These Provisions distinguish between the verification of account information for individual users and institutional users: account information of individual users containing career information should be consistent with the individual’s actual career information. The account information of institutional users should be consistent with the name, logo, natural, business scope and domain of the institution.

Furthermore, the account information will be changed and updated. These Provisions require the Service Provider to establish a dynamic verification system for account information which should cover the entire process of registration, operation and management.

Real name authentication

When the Service Provider provides the information dissemination, instant messaging and other relevant services, it is obliged to authenticate the identities of the users by verifying the mobile phone number, ID card number or unified social credit code or other means of real identity information authentication.

The Service Provider should not force non-registered users to submit their identity information. But if the user is not willing to provide any real identity information, or submitted a false registration by using the identity information of other institutions or people, the Service Provider may refuse to provide the above-mentioned information interaction services.

Presentation of accountant information and special mark

For public accounts, the information page should present the operator, registered address of the operator, type of information, unified social credit code, contact and geographical location of the Internet Protocol (IP) address and other information.

For ordinary accounts, the information page could present the geographical location of the IP address of user within a reasonable range to enable the public to exercise supervision in the public interest.

For accounts providing Internet-based news information services, online publishing services, or other Internet-based information services for which an administrative permit is required by law, and for the accounts which engage in the production of information content in fields such as economic, education, healthcare, or judicial field, the Service Provider shall add a special mark attached to these accounts.

These Provisions clarify that the Service Providers should fulfill the main responsibility for the management of account information of internet users and comprehensively upgrade the legal requirements on verification and management of account information security.

This provides more responsibilities and obligations to the relevant enterprises that provide internet-based information services. Those enterprises have one month to adjust the account management rules, platform conventions or service agreements with users to adapt to the requirements of the new Provisions.

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