This summer, the domestic cultural tourism market has seen a wave of digital upgrades. From AI agents serving as "travel butlers" to immersive XR experiences at scenic spots, digital technology is becoming deeply embedded across the entire cultural tourism chain. According to a sample survey of domestic residents' travel, domestic trips in the first half of 2026 reached 3.463 billion, up 5.4% year-on-year. However, during this critical period of digital transformation in the cultural tourism industry, companies must not only chase technological dividends but also guard against the underlying legal risks. As Shenzhen lawyers specializing in cultural tourism and technology law, we draw on practical experience to outline core legal points for businesses across three dimensions: data compliance, intellectual property, and consumer rights.

Data Compliance: Personal Information Protection Behind AI Tour Guides and Smart Reservations

When providing services such as itinerary planning and real-time tour guidance, cultural tourism intelligent agents often need to collect tourists' location information, preference data, and even biometric information. According to Article 28 of the Personal Information Protection Law, the processing of sensitive personal information (such as travel轨迹) requires separate consent and must comply with the principle of minimal necessity. For example, if Hefei's "He Xiaozhi" intelligent agent uses location data for commercial push notifications without explicit user authorization, it constitutes a violation. A cultural tourism technology company in Shenzhen was once fined by regulatory authorities under Article 45 of the Data Security Law for excessively collecting tourist facial information for passenger flow analysis. Lawyers suggest that enterprises should establish a data classification and grading system, embed dynamic authorization pop-ups in apps or mini-programs, and conduct regular compliance audits. According to Article 27 of the Data Security Law, data processors should strengthen risk monitoring and promptly remediate and notify competent authorities in the event of a data breach. For cross-border business, compliance with the Measures for Security Assessment of Data Export is also required to avoid illegal cross-border data transfer.

Intellectual Property: Copyright Ownership Issues in XR Experiences and Digital Exhibitions

When scenic areas introduce AR glasses and digital twin technology to recreate historical scenes, this involves numerous copyright, trademark, and patent issues. Taking the AR experience at the Lin Zexu Memorial Hall as an example, the digital modeling, character images, and interaction design of its "Humen Opium Destruction" scene all fall under the "audiovisual works" or "artistic works" protected by Article 3 of the Copyright Law. If an enterprise commissions a third party for development, copyright ownership must be clarified in accordance with Article 17 of the Copyright Law—when there is no agreement, the copyright belongs to the commissioned party, which may plant the seeds for future usage disputes. A digital exhibition company in Shenzhen once failed to sign a rights transfer agreement with its content supplier, resulting in the company being unable to continue using the digital assets upon contract renewal with the scenic area, and it was ultimately forced to pay a high licensing fee. Lawyers advise that enterprises should establish an intellectual property inventory and clearly define in contracts the scope of authorization, duration, and the allocation of rights to derivative works. At the same time, infringement risks must be guarded against: when using open-source code or third-party materials, enterprises should review their license terms to avoid litigation arising from violations of agreements such as the GPL.

Consumer Rights: Legal Liability in AI Recommendations and Immersive Experiences

When AI agents recommend dining and accommodation options, if there is false advertising or misleading information, consumers may invoke Article 8 of the Consumer Rights Protection Law to assert that their right to know has been infringed. For example, if an AI assistant on an online travel platform recommends a "five-star hotel" that turns out to be an unrated homestay, the platform must bear liability for breach of contract. In addition, XR experiences may cause physical discomfort, and if the scenic area fails to fulfill its safety warning obligations, the operator must bear fault-based liability in accordance with Article 1198 of the Civil Code. In one case, a Shenzhen amusement park was ordered by the court to compensate a tourist for medical expenses and moral damages after a VR equipment malfunction caused the tourist to fall. Lawyers advise that when providing digital services, businesses should clearly label the nature of AI-generated content to avoid consumer misunderstanding caused by "algorithm black boxes." At the same time, convenient complaint channels should be established, and returns, exchanges, or compensation requests should be handled promptly in accordance with Article 24 of the Consumer Rights Protection Law. For minors using AI tour guide services, age-appropriate prompts and anti-addiction mechanisms must also be provided in accordance with Article 76 of the Minors Protection Law.

Legal Insights: Compliance Pathways for Digital Transformation of Cultural Tourism Enterprises

The digitalization of cultural tourism is not simply the stacking of technologies, but a legal reconstruction of business models. Enterprises need to make arrangements from three aspects: first, establish a data compliance officer role and embed the requirements of the Personal Information Protection Law and the Data Security Law into the product design process; second, develop an intellectual property strategy, protecting technological innovation through patent layout and solidifying content assets through copyright registration; third, formulate consumer rights protection plans, clearly defining the boundaries of liability in service agreements and purchasing corresponding liability insurance. As the "First City of Digital Cultural Tourism," Shenzhen already has many enterprises that have achieved stable development through compliance reviews. Guangdong Zhiming Law Firm has深耕 in the cultural tourism technology field, having provided specialized data compliance services to multiple scenic areas and assisted them in passing the Cyberspace Administration of China's security assessments. We recommend that enterprises conduct regular legal health checks and promptly respond to new regulations such as the Measures for the Labeling of AI-Generated Synthetic Content. Only by integrating legal risk prevention into the bloodstream of innovation can cultural tourism enterprises achieve steady and long-term success in digital transformation.