On September 30, 2016, the Cyberspace Administration of China (the “CAC“) issued the draft for comments of the Regulations on Cyberspace Protection of Minors (the “Draft“). A “Minor” is not defined in the Draft, but defined under the Minor Protection Law as any citizen under the age of 18. The term “citizen” is likely to be interpreted as a citizen of China. However, in the Guidelines for Personal Information Protection within Information Systems for Public and Commercial Services on Information Security Technology (the “Guidelines“), the same term is defined as anyone under the age of 16. Though not legally binding, the Guidelines is a set of important rules that set forth the most comprehensive standards on the protection of personal information in China. It may be used as a reference to judicial decision-making. In light of the difference in the interpretation of the term “minor”, to be on the safe side, it is best to proceed with the definition with greater coverage, i.e., 18 years old, while keep in mind that in court the alternative is possible. If the Draft becomes final in its current form, it may impose significant regulatory requirements upon Internet information service providers.
