China Cracks Down on Facial Recognition – What It Means for Global Compliance

China’s New Facial Recognition Rules: What Global Businesses Need to Know

Introduction

China has taken a bold step in regulating biometric surveillance. In March 2025, it introduced strict new rules governing facial recognition technology—prohibiting companies from forcing individuals to undergo facial scans without offering clear alternatives.

While these rules apply within China, they carry global weight. If your business sells smart devices, software, or services that use facial recognition—or processes biometric data in any region—this is your wake-up call.

🔗 Full coverage via Reuters

Key Takeaways from China’s Regulation

  • Individuals must be given a choice: facial scans can’t be mandatory
  • Clear alternatives to facial recognition must be offered
  • Use of facial data must be proportional, necessary, and consent-based
  • Violations will face increased scrutiny and enforcement

This marks one of the strongest consumer protections globally in the biometric space—and it signals what may come in the EU, UK, and beyond.

Why It Matters for You (Even Outside China)

Even if you’re not based in China, this sets a privacy benchmark.

If you:

  • Sell or integrate facial recognition in your product
  • Use biometric logins (e.g. Face ID, access control)
  • Collect facial data for marketing, attendance, or analytics

…you should reassess your privacy practices, consent flows, and risk exposure.

Regulators and consumers are watching.

Biometric Data Under GDPR and UK GDPR

Under both EU and UK GDPR, biometric data is classified as special category data — meaning it requires:

  • Explicit, informed consent
  • A clear purpose limitation
  • Appropriate technical and organisational safeguards

Facial recognition is rarely considered strictly necessary, so alternative authentication options (e.g., PINs or passwords) should always be available.

📘 GDPR Article 9 – Special Category Data

Examples of Risky Use Cases

  • Using facial recognition for store entry or in smart kiosks without consent
  • Auto-enrolling users in face-based attendance systems
  • Defaulting to facial login in apps without a clear opt-out

These practices could soon face legal challenges—even if they seem harmless or innovative.

How to Stay Ahead

If you work with biometric data, take these steps:

1. Conduct a Biometric Data Impact Assessment (DPIA)

Evaluate whether your use of facial data is necessary, proportional, and transparent.

2. Update Privacy Notices and Consent Forms

Be clear about what data you collect, why, and what users can choose.

3. Offer Real Alternatives

Don’t make facial recognition the only way to log in or access features.

4. Review Vendor Agreements

Ensure any third-party providers handling biometric data are GDPR-compliant.

🔗 Need help? We draft and review DPAs & SCCs 

FAQ: Biometrics and Compliance

❓ Can I use facial recognition in the EU/UK?

Yes, but only with explicit consent and where strictly necessary. Avoid making it the default.

❓ What about employees or internal systems?

You still need consent, and often must prove no less intrusive alternatives exist.

❓ Do I need a DPIA?

Yes — if you process biometric data at scale or in high-risk ways (like surveillance or access control).

✅ Compliance Checklist

  • Do you offer a clear opt-out for targeted ads?
  • Is your consent request freely given and granular?
  • Can users easily change their preferences later?
  • Do you have a consent log for auditing?
  • Have you reviewed your third-party trackers?

How We Help

At DPO & Privacy Support, we help businesses navigate the fast-moving world of biometric privacy:

📘 Need a broader GDPR readiness check? See our guide: GDPR Compliance for Non-EU Companies →

🛠 We also help you draft or improve internal policies: Draft / Review Necessary Policies →

👤 Need dedicated compliance support? Explore our DPO-as-a-Service offering →

🔍 Want a full audit? Privacy audits / assessments (DPIA, PIA, LIA, DTIA) →

  • Conduct DPIAs and risk assessments
  • Draft policies and user consents
  • Vet vendor contracts for GDPR compliance
  • Advise on international use cases and regional risks

Whether you’re rolling out smart tech, expanding globally, or improving your consent UX — we’ll help you do it the right way.

Next Steps

  1. Audit any use of biometric/facial recognition tech
  2. Review legal bases and consent mechanisms
  3. Book a privacy strategy session with our team

📊 Want a full review of your tracking, profiling, or biometric practices? Book a privacy audit or DPIA →

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    China Cracks Down on Facial Recognition – What It Means for Global Compliance

    China's New Facial Recognition Rules: What Global Businesses Need to Know

    Introduction

    China has taken a bold step in regulating biometric surveillance. In March 2025, it introduced strict new rules governing facial recognition technology—prohibiting companies from forcing individuals to undergo facial scans without offering clear alternatives. While these rules apply within China, they carry global weight. If your business sells smart devices, software, or services that use facial recognition—or processes biometric data in any region—this is your wake-up call.
    🔗 Full coverage via Reuters

    Key Takeaways from China’s Regulation

    • Individuals must be given a choice: facial scans can’t be mandatory
    • Clear alternatives to facial recognition must be offered
    • Use of facial data must be proportional, necessary, and consent-based
    • Violations will face increased scrutiny and enforcement
    This marks one of the strongest consumer protections globally in the biometric space—and it signals what may come in the EU, UK, and beyond.

    Why It Matters for You (Even Outside China)

    Even if you're not based in China, this sets a privacy benchmark. If you:
    • Sell or integrate facial recognition in your product
    • Use biometric logins (e.g. Face ID, access control)
    • Collect facial data for marketing, attendance, or analytics
    …you should reassess your privacy practices, consent flows, and risk exposure. Regulators and consumers are watching.

    Biometric Data Under GDPR and UK GDPR

    Under both EU and UK GDPR, biometric data is classified as special category data — meaning it requires:
    • Explicit, informed consent
    • A clear purpose limitation
    • Appropriate technical and organisational safeguards
    Facial recognition is rarely considered strictly necessary, so alternative authentication options (e.g., PINs or passwords) should always be available.
    📘 GDPR Article 9 – Special Category Data

    Examples of Risky Use Cases

    • Using facial recognition for store entry or in smart kiosks without consent
    • Auto-enrolling users in face-based attendance systems
    • Defaulting to facial login in apps without a clear opt-out
    These practices could soon face legal challenges—even if they seem harmless or innovative.

    How to Stay Ahead

    If you work with biometric data, take these steps:

    1. Conduct a Biometric Data Impact Assessment (DPIA)

    Evaluate whether your use of facial data is necessary, proportional, and transparent.

    2. Update Privacy Notices and Consent Forms

    Be clear about what data you collect, why, and what users can choose.

    3. Offer Real Alternatives

    Don’t make facial recognition the only way to log in or access features.

    4. Review Vendor Agreements

    Ensure any third-party providers handling biometric data are GDPR-compliant.
    🔗 Need help? We draft and review DPAs & SCCs 

    FAQ: Biometrics and Compliance

    ❓ Can I use facial recognition in the EU/UK?

    Yes, but only with explicit consent and where strictly necessary. Avoid making it the default.

    ❓ What about employees or internal systems?

    You still need consent, and often must prove no less intrusive alternatives exist.

    ❓ Do I need a DPIA?

    Yes — if you process biometric data at scale or in high-risk ways (like surveillance or access control).

    ✅ Compliance Checklist

    • Do you offer a clear opt-out for targeted ads?
    • Is your consent request freely given and granular?
    • Can users easily change their preferences later?
    • Do you have a consent log for auditing?
    • Have you reviewed your third-party trackers?

    How We Help

    At DPO & Privacy Support, we help businesses navigate the fast-moving world of biometric privacy: 📘 Need a broader GDPR readiness check? See our guide: GDPR Compliance for Non-EU Companies → 🛠 We also help you draft or improve internal policies: Draft / Review Necessary Policies → 👤 Need dedicated compliance support? Explore our DPO-as-a-Service offering → 🔍 Want a full audit? Privacy audits / assessments (DPIA, PIA, LIA, DTIA) →
    • Conduct DPIAs and risk assessments
    • Draft policies and user consents
    • Vet vendor contracts for GDPR compliance
    • Advise on international use cases and regional risks
    Whether you're rolling out smart tech, expanding globally, or improving your consent UX — we’ll help you do it the right way.

    Next Steps

    1. Audit any use of biometric/facial recognition tech
    2. Review legal bases and consent mechanisms
    3. Book a privacy strategy session with our team
    📊 Want a full review of your tracking, profiling, or biometric practices? Book a privacy audit or DPIA →

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