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Operating in China’s social media space comes with a unique set of legal considerations that influencers and brands must be aware of to avoid legal issues. Here’s an overview of the key legal aspects to consider:
Advertising Law Compliance
Ensure all sponsored content complies with China’s Advertising Law, which requires clear identification of advertisements and bans false advertising.
Personal Information Protection
China’s Personal Information Protection Law (PIPL) mandates strict guidelines on the collection, storage, and use of personal data, protecting users’ privacy rights.
Intellectual Property Rights
Respect and protect intellectual property rights, including copyrights on creative works, trademarks, and patents, to avoid infringement disputes.
Cybersecurity Law
The Cybersecurity Law imposes obligations on internet service providers and users to maintain network security and data integrity, including the handling of user data.
Content Restrictions
Be aware of content restrictions that may be subject to censorship, including political content, rumors, and other material deemed inappropriate by Chinese authorities.
Endorsement Liability
Influencers can be held liable for the claims they endorse, particularly if they make false or misleading statements about products or services.
Tax Obligations
Influencers must be aware of and fulfill their tax obligations, as failure to do so can result in penalties and legal consequences.
Regulations on Monetization
China has specific regulations on online monetization activities, including live streaming and e-commerce, which influencers must adhere to.
Crisis Management Plan
Develop a crisis management plan to address legal issues promptly and effectively, minimizing damage to reputation and operations.
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