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Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
Under the Decision on Strengthening Protection of Network Information and the Law on the Protection of Consumer Rights and Interests, commercial information cannot be sent to consumers:
- unless the consumer has requested the information;
- unless the consumer has consented to receive the information; or
- if the consumer has expressly refused to receive the information.
Under the Measures for the Administration of Internet Email Services, where an email recipient has clearly consented to receive emails containing commercial advertisements, but later withdraws this consent, the sender must stop sending such emails unless otherwise agreed by both parties. When sending emails containing commercial advertisements, the sender must provide its contact information, including its email address, and a guarantee that this contact information will remain valid for 30 days.
Under the Administrative Provisions on Short Message Services, SMS providers and short message content providers must not send commercial messages to users without their consent or request, and must explain the type and frequency of the commercial messages that will be sent. A user’s failure to respond will be regarded as a refusal of consent.
To the extent that cookies amount to personal information, they will be governed by Chinese law. Otherwise there is no legislation that specifically governs cookies.
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