Provisions for the Administration of Blockchain Information Services

(Promulgated by the Cyberspace Administration of China on January 10, 2019 and effective as of February 15, 2019.)

Order of the CAC No.3

Article 1:     These Provisions have been formulated pursuant to the PRC Cybersecurity Law, the Measures for the Administration of Internet Information Services and the State Council, Circular on Authorizing the Cyberspace Administration of China to Take Charge of the Work of Administration of Internet Information Content in order to regulate blockchain information service activities, safeguard national security and the public interest, protect the lawful rights and interests of citizens, legal persons and other organizations and promote the healthy development of blockchain technology and related services.

Article 2:     When engaging in the provision of blockchain information services in the People's Republic of China, these Provisions shall be complied with. If laws or administrative regulations provide otherwise, such provisions shall be complied with.

For the purposes of these Provisions, the term “blockchain information services” means the provision of information services to the public via internet websites, mobile applications or otherwise based on blockchain technology or systems.

For the purposes of these Provisions, the term “blockchain information service provider” means an entity or node that provides blockchain information services to the public, or an institution or organization that provides technical support to a blockchain information service entity. For the purposes of these Provisions, the term “blockchain information service user” means an organization or individual that uses blockchain information services.

Article 3:     The Cyberspace Administration of China shall ex officio be responsible for the oversight of, and law enforcement work related to, blockchain information services nationwide. The cyberspace administrations of the provinces, autonomous regions and municipalities directly under the central government shall ex officio be responsible for the oversight of, and law enforcement work related to, blockchain information services within their jurisdictions.

Article 4:     Blockchain industry organizations are encouraged to strengthen industry self-regulation, establish and improve industry self-regulation systems and codes of practice, guide blockchain information service providers in establishing and improving service specifications, promote the development of an industry integrity assessment system, procure the lawful provision of services and submission to public scrutiny by blockchain information service providers, enhance the professional quality of personnel dedicated to blockchain information services and promote the healthy and orderly development of the industry.

Article 5:     A blockchain information service provider shall put in place responsibility for management of information contents security, and establish and improve systems for the management of user registration, information review, contingency handling, security protection, etc.

Article 6:     A blockchain information service provider shall have the technical resources consonant with its services, have the capabilities for the prompt and emergency handling of the posting, recording, storage and dissemination of information contents prohibited by laws or administrative regulations, and its technical solutions shall satisfy relevant state standards and specifications.

Article 7:     A blockchain information service provider shall formulate and disclose its management rules and master platform agreement, execute service agreements with its blockchain information service users, expressly specifying the parties' rights and obligations, and require them to undertake to comply with laws and the platform deed of mutual covenant.

Article 8:     A blockchain information service provider shall carry out authentication of the true identity information of its blockchain information service users based on their organizational codes, ID document numbers, mobile phone numbers, etc. in accordance with the PRC Cybersecurity Law. If a user fails to undergo authentication of its/his/her true identity information, the blockchain information service provider may not provide the relevant services to it/him/her.

Article 9:     Where a blockchain information service provider develops a new online product, mobile application or function, it shall, in accordance with relevant provisions, report the same to the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government for the conduct of a security assessment.

Article 10:    A blockchain information service provider or user may not use blockchain information services to engage in activities prohibited by laws or administrative regulations, such as those that jeopardize national security, disrupt social order or infringe the lawful rights and interests of others, or use the same to produce, reproduce, publish or disseminate information contents prohibited by laws or administrative regulations.

Article 11:    Within 10 working days from the date on which it commences to provide a service, a blockchain information service provider shall carry out record filing procedures through the Cyberspace Administration of China's blockchain information service record filing management system by providing information such as its name, type of service, form of service, applicable sector and server address.

When a change in a particular of a blockchain information service provider, such as a service item or platform address occurs, it shall carry out amendment procedures within five working days from the date of the change.

Where a blockchain information service provider is to terminate a service, it shall carry out cancellation procedures 30 working days before termination of the service and make proper arrangements therefor.

Article 12:    Once the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government receive the record filing information from the filing party, they shall, if the materials are in order, grant record filing, issue a record filing number and make the record filing information available to the public through the Cyberspace Administration of China's blockchain information service record filing management system within 20 working days. If the materials are not in order, record filing will be refused and the filing party shall be notified thereof and given the reason therefor within 20 working days.

Article 13:    A blockchain information service provider that has completed record filing shall display its record filing number in a prominent location on the internet website or mobile application via which it provides its services to outside parties.

Article 14:    The cyberspace administrations of the state and the province, autonomous region or municipality under the central government shall submit blockchain information service record filing information to regular verification, and blockchain information service providers shall log on to the blockchain information service record filing management system within the specified period of time to provide relevant information.

Article 15:    If a blockchain information service provided by a blockchain information service provider harbors a latent information security hazard, the provider shall rectify the same and may only continue to provide the information service once such information service complies with relevant provisions of laws, administrative regulations, etc. and relevant state standards.

Article 16:    A blockchain information service provider shall, in accordance with laws and the service agreement, take handling measures such as giving a warning, limiting functions or account closing against blockchain information service users that violate laws or administrative regulations or breach the service agreement and, with respect to unlawful information contents, take the appropriate handling measures, prevent the information from spreading, retain relevant records and report the same to the relevant competent departments in a timely manner.

Article 17:    A blockchain information service provider shall keep a record of information such as the contents posted and logs of blockchain information service users, and backups of such records shall be retained for not less than six months and provided to relevant law enforcement departments when they inquire in accordance with the law.

Article 18:    A blockchain information service provider shall cooperate in the monitoring inspections lawfully conducted by cyberspace administrations and provide them with the necessary technical support and assistance.

A blockchain information service provider shall submit itself to public scrutiny, establish a convenient complaint and reporting portal, and deal with complaints and reports from the public in a timely manner.

Article 19:    If a blockchain information service provider violates Article 5, 6, 7, 9, the second paragraph of Article 11, Article 13, 15, 17 or 18 hereof, the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government shall ex officio give it a warning and order it to rectify the matter within a specified period of time, and provision of the relevant service shall be suspended until rectification is completed. If the blockchain information service provider refuses to carry out rectification or the circumstances are serious, a fine of not less than Rmb5,000 and not more than Rmb30,000 shall be imposed. If a criminal offense is constituted, criminal liability shall be pursued in accordance with the law.

Article 20:    If a blockchain information service provider violates Article 8 or 16 hereof, the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government shall ex officio deal with the same in accordance with the PRC Cybersecurity Law.

Article 21:    If a blockchain information service provider violates Article 10 hereof by producing, reproducing, publishing or disseminating information contents that are prohibited by laws or administrative regulations, the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government shall ex officio give it a warning and order it to rectify the matter within a specified period of time, and provision of the relevant service shall be suspended until rectification is completed. If the blockchain information service provider refuses to carry out rectification or the circumstances are serious, a fine of not less than Rmb20,000 and not more than Rmb30,000 shall be imposed. If a criminal offense is constituted, criminal liability shall be pursued in accordance with the law.

If a blockchain information service user violates Article 10 hereof by producing, reproducing, publishing or transmitting information contents that are prohibited by laws or administrative regulations, the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government shall handle the same in accordance with relevant laws and administrative regulations.

Article 22:    If a blockchain information service provider violates the first paragraph of Article 11 hereof by failing to carry out record filing procedures in accordance herewith or providing false record filing information, the cyberspace administrations of the state and the province, autonomous region or municipality directly under the central government shall ex officio order it to rectify the matter within a specified period of time. If the blockchain information service provider refuses to carry out rectification or the circumstances are serious, a warning shall be given and a fine of not less than Rmb10,000 and not more than Rmb30,000 shall be imposed.

Article 23:    Where the provision of blockchain information service was engaged in before the promulgation hereof, relevant procedures shall be carried out in accordance herewith within 20 working days from the effective date hereof.

Article 24:    These Provisions shall be effective as of February 15, 2019.