HR 2403
TELL Act
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- Passed House
- Passed Senate
- To President
- Became Law
Bill overview
The TELL Act requires companies that operate websites or mobile apps and collect user data that is stored in China to clearly inform users that their information is located in China and whether the Chinese Communist Party or a Chinese state-owned entity has access to it. This aims to increase transparency about where user data is stored and who has access to it. The Federal Trade Commission will be responsible for enforcing this law, treating violations as unfair or deceptive practices.
Key provisions
- Companies collecting data through websites or apps must disclose if it’s stored in China.
- Disclosure must clearly state whether the Chinese Communist Party or a Chinese state-owned entity has access to the data.
- It’s illegal to knowingly provide false information about data storage location.
- Violations are treated as unfair or deceptive acts under the Federal Trade Commission Act.
- The Federal Trade Commission has the authority to enforce the law.
Who is affected
- Companies operating websites and mobile applications
- Users of websites and mobile applications that collect data
- The Chinese Communist Party
- Chinese state-owned entities
- Data collectors
Notable changes
- Creates a specific disclosure requirement for data stored in China.
- Empowers the Federal Trade Commission to enforce the law through existing FTC regulations.
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Primary sponsor
Cosponsors
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119th CONGRESS — 1st Session
H. R. 2403
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require that any person that maintains an internet website or that sells or distributes a mobile application that stores and maintains information collected from such website or application in the People’s Republic of China to disclose that such information is stored and maintained in the People’s Republic of China and whether the Chinese Communist Party or a Chinese State-owned entity has access to such information.
This Act may be cited as the Telling Everyone the Location of data Leaving the U.S. Act TELL Act
or the
.
It shall be unlawful for a person required to disclose information under subsection (a) to knowingly disclose false information under such subsection.
A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any person that violates this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).