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2024-06-10
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[DR & AJU Issue Report] The Current Status of AI-Related Regulations in China



Ⅰ. Background of the Promulgation of the "Interim Measures for the Management of Generative Artificial Intelligence Services”
 

The remarkable advancement of generative AI technology has created new opportunities in the economy and society, but also led to issues such as the proliferation of misinformation, breaches of personal privacy rights, cyberattacks, and threats, as well as biases and discrimination.

Therefore, legislation to address the adverse effects of generative AI is a pressing issue not only in China, but also in major countries, such as the EU, the U.S., and South Korea.



Ⅱ. Application and Management Principles of AI Measures

  As prescribed under Article 3 of the Interim Measures for the Management of Generative Artificial Intelligence Services (“AI Measures”), the Chinese government adheres to principles of inclusive and cautious regulation of generative AI technology, implementing differentiated supervision and management measures based on the type and importance of the technology. 


Ⅲ. Scope of Application and Extraterritorial Effectiveness of AI Measures

1. Scope of Application 

  Article 2 of the AI Measures stipulates that these measures apply to services that use generative AI technology to generate text, pictures, audio, video, and other content provided to the public within the territory of China. 

2. Extraterritorial Effectiveness

  Article 20 specifies that if generative AI services provided to China from outside the territory of China violate relevant laws and regulations, the State Cybersecurity and Information Department may take technical and other necessary measures to deal with them.


IV. Legal Obligations and Responsibilities of Generative AI Service Providers

 Articles 7 to 14 stipulate the obligations of generative AI service providers regarding algorithm training, content management, user-related responsibilities, and supervision mechanisms.

 

To respond to the rapidly evolving legal market, DR & AJU LLC has been publishing issue reports that analyze the latest news and trends in the legal landscape.

Please click the link below to access the report.

https://www.draju.com/ko/sub/newsletters.html?type=view&bsNo=4190&page=1&bcCat=16