China

Is there a specific enacted legislation regulating AI in your jurisdiction?

• Interim Measures for the Management of Generative Artificial Intelligence Services (the "AI Measures")

• Administrative Provisions on Deep Synthesis in Internet-based Information Services

• The Administrative Provisions on Recommendation Algorithms in Internet-based Information Services: No specific reference to AI systems but definition of algorithmic recommendation technology may classify as an AI system.

• Measures for Ethical Review of Science and Technology (Trial)

• Measures for the Identification of AI-Generated Content 

Is there a proposed legislation regulating AI in your jurisdiction?

As of now, there is no officially-issued draft AI law in China. The AI Law was previously included in the State Council's legislative work plans for 2023 and 2024, and is scheduled to be submitted to the Standing Committee of the National People's Congress for review. However, it may take years to see the final version of a unified AI Law in China.

There are expert opinion drafts of the AI law that have been put forward by scholars. These drafts are not issued by the legislators and and have only academic value.

As of March 2025, there are three expert drafts in total. 

Are there any guidelines/ codes of conduct/ recommendations / reports / policies in connection with AI in your jurisdiction?

• 2021- New Generation Artificial Intelligence Ethics Specifications (see South China Morning Post article here in English, Guidelines here in Chinese)

• 2024 - AI Safety Governance Framework V1.0

• China Information Security Standardization Technical Committee (TC260) issued multiple Gen-AI-related standards, such as TC260-003 Basic Security Requirements for Generative Artificial Intelligence Service
  
  
• GB45438 - 2025 Cybersecurity technology－Labeling method for content generated by artificial intelligence
  
  
• TC260 also released many draft national standards, which are expected to be officially issued in the future. For example: Coding Rules for Service Providers of AI-Generated Synthetic Content Labelling
  
  
• Generative Artificial Intelligence Service Security Emergency Response Guidelines
  
  
• AI Security Standards System (V1.0)

Any additional relevant news regarding AI / or anticipated future changes (e.g. white papers, policy statements about AI regulation)?

• China Bird & Bird on AI Governance in China available here.

• "Preparing for compliance: Key differences between EU, Chinese AI regulations"

Is AI specifically addressed in IP laws? Are there any guidelines / soft laws relating to AI? 

Guidelines for Patent Applications for AI-Related Inventions-Trial Implementation - from the National Intellectual Property Administration

Although Chinese court precedents are non-binding, Chinese courts have recently made many cases related to generative artificial intelligence.

Is AI specifically addressed in data protection laws? Are there any guidelines / soft laws relating to AI?

Yes. Article 19 of the Regulations on Network Data Security Management stipulates that network data processors that provide generative AI services should strengthen the security management of training data and training data processing activities, and take effective measures to prevent and deal with network data security risks. 

Who are the competent AI supervisory authorities in your jurisdiction? 

Gen AI- Cyberspace Administration of China (Art. 16 Interim Measures on Gen AI Services). Various departments (such as the Ministry of Industry and Information Technology) supervise AI in their respective sectors.

Are there any publicly known enforcement actions in relation to AI?

• Li Yunkai v. Liu Yuanchun - Court ruling on IP for AI gen images with significant human input

• Copyright infringement in AI gen output

• The Hangzhou Internet Court issued a first-instance judgment on the first case involving a generative artificial intelligence platform infringing on the right to disseminate information on the Internet.
  
  
• The Intermediate People’s Court of Hangzhou delivered a second-instance judgement on this case.
  
  
• The Changshu People’s Court ruled that images generated with AI are eligible for copyright protection.
  
  
• A court in Wuhan ruled that images generated with AI are eligible for copyright protection.
  
  
• Some local regulatory authorities imposed administrative penalties on generative AI service providers that failed to comply with regulations such as the Interim Measures for the Management of Generative Artificial Intelligence Services. For example, the Nanchang Cyberspace Administration imposed an administrative penalty on a generative AI service provider.
  

Are there any other sector specific laws or guideline / soft laws (e.g. finance, healthcare etc.) where AI is specifically addressed?

The People's Bank of China issued the financial industry standard Guidelines on Information Disclosure of Financial Applications Based On Artificial Intelligence Algorithms (JR/T 0287-2023).

*Information is accurate up to 30 April 2025