Newsletter
NCC's Announcement of Guidelines on Internet Services
NCC's Announcement of Guidelines on Internet Services
Ken-Ying Tseng / Jack Kuo
To promote transparent governance of internet service platform operators ("ISPs") and strengthen the rights of internet service users, the National Communications Commission (NCC) published the (1) Guidelines on Internet Service Users' Complaint and Remedy Mechanisms ("Remedy Guidelines") and (2) Guidelines on Internet Service Providers' Transparency Report ("Transparency Guidelines") on December 31, 2025. Both sets of guidelines provide compliance suggestions and frameworks for ISPs' reference by covering "Basic Items" and "Advanced Items", aiming to urge ISPs to establish a more comprehensive complaint handling mechanism and transparent reporting system.
The "Basic Items" focus on urging ISPs to implement fundamental services, while the "Advanced Items" call on ISPs to provide additional safeguard measures on top of the Basic Items. Below is a summary of the requirements under the two sets of guidelines:
I. Remedy Guidelines:
1. Basic Items:
(1) ISPs should provide users with clear channels and procedures for complaints and remedies by offering an option to view in traditional Chinese;
(2) ISPs should provide clear notification (including reasons) to users when their use of services is restricted based on law, regulatory orders, terms of service, or abnormal operation of the service;
(3) ISPs should disclose to users how their content will be adjusted or monitored based on relevant regulations;
(4) ISPs should provide measures (such as restoring service, reinstating suspended accounts, transferring access rights, backing up usage records, etc.) for users to restore their rights;
(5) ISPs should ensure that users exercise their statutory rights under the laws and regulations on personal data protection; and
(6) ISPs should establish a reasonable timeline for processing and handling user complaints and inform users of the timeframe and procedures for processing their complaint.
2. Advanced Items:
(1) ISPs shouldinform users how their content will be adjusted or monitored by providing content control criteria, examples and reasons;
(2) ISPs should disclose the use of automated tools or systems (such as artificial intelligence technology) (if any) and provide channels for users to explain their cases and supplement their arguments in each complaint;
(3) ISPs should explain any user rights that are more favorable than the legal requirements to users (if any), along with how such rights to be exercised;
(4) ISPs should adopt measures to prevent abuse of complaint and remedy mechanisms;
(5) ISPs should establish a public-private partnership with external parties and consultation mechanism with multiple stakeholders;
(6) ISPs should assign dedicated personnel to handle complaints and remedies and arrange education training; and
(7) ISPs should enhance the accessibility of complaint and remedy mechanisms to different groups.
II. Transparency Guidelines:
1. Basic Items:
(1) ISPs should publish transparency reports in traditional Chinese on a regular basis (at least once a year).
(2) ISPs should disclose the following matters regarding how users' content will be adjusted or monitored:
a. basis for content control (which includes laws, regulatory orders, the ISPs' policies/self-regulations, etc.);
b. the data, including statistical period,number of content controls, handling measures and outcomes, of how users' content is adjusted or monitored;
c. reasons for adjusting or monitoring users' content; and
d. how automated tools are used for content control (if any).
(3) ISPs should explain how user complaint and remedy mechanisms are implemented, such as disclosing the number and types of user complaints and their processing time and results;
(4) ISPs shoulddisclose the government agency's requests for users' data, along with the government agency's name, their legal basis for the request, the types of information requested, etc.;
(5) ISPs shouldexplain privacy policies and how users' personal data is collected, processed, and used; and
(6) ISPs shouldpublish material changes to its policies or algorithms (if any).
2. Advanced Items:
(1) ISPs should disclose content control criteria and resource allocation (including allocation of setting personnel, holding education training, and offering other support) to explain how users' content will be adjusted and monitored;
(2) ISPs shouldexplain measures to improve internet security, prevent occurrence of incidents, and mitigate risks (such as protective measures against specific illegal content, methods of identity and age verification, license number registration, labeling the use of AI, deepfake methods or placements).
(3) ISPs shoulddisclose information on how they use and share personal data with business partners.
(4) ISPs shouldexplain how recommendation systems and product interface mechanisms are designed to empower users with information autonomy.
(5) ISPs shoulddisclose their communications mechanisms with multiple stakeholders.
(6) ISPs shouldexplain actions taken in their public-private partnerships with external parties; and
(7) ISPs shouldexplain the status of their digital literacy promotion and educational resources.
Although neither the Remedy Guidelines nor the Transparency Guidelines are legally binding, the NCC is encouraging ISPs to comply with them. Thus, it is advisable for relevant businesses to closely monitor the Taiwan government's regulatory measures and enforcement intensity regarding internet services. Our firm’s "Digital, TMT and Data Privacy" team provides long-term assistance to businesses in handling matters related to internet services. Should you require any assistance, please do not hesitate to contact our team of experts.