Administrative Measures for Generative AI Services

Summary
On April 11, 2023, the Cyberspace Administration of China (CAC) issued its Administrative Measures for Generative Artificial Intelligence Services (Draft for Comments) (the “Draft”). According to the Draft, entities and individuals using, or supporting others’ use of, generative AI products to provide services such as chats and texts, images and sound generation via programmable interfaces are responsible for the content generated by the products. If personal information is involved, the providers must fulfill the statutory obligations of a personal information processor and protect personal information accordingly. The Draft further states that the providers must be responsible for the legality of the pre-training data and optimized training data sources of generative AI products. Comments on the Draft were due on May 10, 2023.