State Administration for Market Regulation: Strengthening Recall Oversight of Automotive OTA Technology

Every Reporter: Sun Tongtong | Every Editor: Pei Jianru
As the trend toward vehicle intelligence deepens, more and more cars are equipped with OTA (over-the-air) technology. Consequently, strengthening regulation over software upgrades to enhance vehicle functionality has become particularly important.

On November 25, the General Office of the State Administration for Market Regulation issued the "Notice on Further Strengthening the Supervision of Automotive Over-the-Air (OTA) Technology Recall Measures" (hereinafter referred to as the "Notice"), which stipulates that enterprises—whether using OTA as a recall measure or as part of technical service activities—must fulfill their filing obligations. The Notice clarifies that if manufacturers choose to conduct technical service activities on sold vehicles via OTA, they must file a record with the Quality Development Bureau of the State Administration for Market Regulation, in accordance with the requirements outlined in the "Regulations on the Administration of Defective Automobile Product Recall" (hereinafter referred to as the "Regulations") and the "Implementation Measures for the Regulations on the Administration of Defective Automobile Product Recall" (hereinafter referred to as the "Implementation Measures"). Additionally, manufacturers are required to complete supplementary filings by December 31, 2020, for any OTA-based technical service activities already implemented between January 1, 2020, and the date this notice was issued.
Producers who use the OTA method to address vehicle defects and carry out recalls must, in accordance with the requirements of the "Regulations" and the "Implementation Measures," formulate a recall plan, file it with the Quality Development Bureau of the State Administration for Market Regulation, and fulfill their recall responsibilities as mandated by law. If the OTA approach fails to effectively eliminate the defect or even leads to the emergence of new defects, producers are required to initiate another round of recall measures. Additionally, the "Notice" stipulates that when producers become aware of safety incidents—such as vehicle intrusion or remote control—occurring in vehicles they have produced, sold, or imported, or during the OTA implementation process, they must immediately launch an investigation and analysis. The results of this investigation must then be promptly reported to the Quality Development Bureau of the State Administration for Market Regulation.
Consumers, component manufacturers, software and system providers, or data service providers who become aware that a manufacturer is using OTA methods to conceal vehicle defects and evade recall responsibilities can directly report the issue to the Quality Development Bureau of the State Administration for Market Regulation.
In addition, the Quality Development Bureau of the State Administration for Market Regulation will also organize relevant organizations to strengthen technical research on automotive OTA safety supervision, explore the establishment of an OTA regulatory data platform, conduct OTA security technology assessments, and enhance oversight of related recall activities. Should producers be found to have committed violations—such as failing to file required information or recall plans as mandated, refusing to cooperate with defect investigations, concealing defects, or failing to carry out recalls according to the filed recall plans—they will be strictly dealt with in accordance with the law.

Translated from Sina Auto

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