Since 15 August 2023, the “Interim Measures for the Management of Generative Artificial Intelligence Services” regarding the provision of generative AI services have been in force in China.
Generative artificial intelligence (AI) technology can be used to create text, videos or images, for example. According to the new rules, providers of generative AI services are those organisations and individuals who provide corresponding AI services using this technology (definitions in Art. 22 of the Measures).
The 24-article Transitional Provisions (Chinese version) are among the first AI rules of their kind in the world. They contain requirements for providers of generative AI services and are based in particular on the Chinese Cybersecurity Law, the Data Security Law and the Personal Data Protection Law.
Anyone offering generative AI services has certain obligations under the measures, especially with regard to data protection and protection of intellectual property (see Art. 7 ff.). In the event of violations, the sanction options of the aforementioned laws apply in particular, Art. 21.
The provisions apply within China (Art. 2). If corresponding AI services are provided to the public in China outside of China, China’s national cyberspace authority can report violations of Chinese law to the competent institutions for action to be taken, Art. 20. Among other things, it must be taken into account whether there are restrictions on foreign investment in the respective industry (cf. Art. 23 para. 2).
A separate AI law is to be created in China in the near future.