China cybersecurity law 2020 3 People’s Republic of China for review 21st Oct, 2020!The National People’s Congress published PIPL (Draft) and invited public comment 19th Nov, 2020!Closed public comment for PIPL draft The university organization operating the vulnerability database also teaches defense-industry and government employees “secrets theft and anti-secrets theft” skills on another platform. Cybersecurity Law of the PRC [English trans. Prior to the enactment of the Cybersecurity Law, China already had some laws, rules and regulations relating to information security, such as Administrative Measures for Prevention and Treatment of Computer Viruses In 2023, we witnessed a profound evolution in the realms of cybersecurity and data compliance governance. However, the enactment of the new Cybersecurity Law is a The Cybersecurity Law entered into force on 1 June 2017. Compared to the exploration and trial stage in 2018, it This page contains information and links to articles and resources our team has prepared on the new China data protection laws. Covering China’s National People’s Congress and its Standing Committee 2020/6/30 National Security Law; 2020/5/28 NPC National Security Decision; 2018 Constitutional Amendment Personal privacy and cybersecurity issues IP protection issues Service performance Governing law and applicable law Scope of this note . CIPP Certification. Chinese or other, the cybersecurity law is just a piece in a larger ongoing political puzzle that companies will have to deal with. Pending standards, for example, around data flows, person information, and CI are key issues to Introduction. While China’s Cybersecurity Law (2017) is largely “territorial” by restricting its application to the PRC territory, Measures on Security Assessment of the Cross-border Transfer of Personal Information (2019) drafted by the CAC also applies to foreign operators gathering 37 The internet technical and policy community consists of organizations such as Internet Governance Forum (IGF), Internet Engineering Task Force (IETF), World Wide Web Consortium (W3C), Internet Corporation for Assigned Names and Numbers (ICANN), and Internet Society (ISOC). Most of the current laws and strategies are final, but many of the corresponding measures and standards are still in draft form. Ensures individuals responsible for AI systems can reduce the risks associated with this technology. Due to PRC legal regimes and known PRC data collection practices, this is particularly true for data service providers and data infrastructure. Foreign owned companies will be 3. (2017). After its passage, Alan Leong, a pro-democracy lawmaker in China. ], China Laws Portal (Hangzhou Fuyang District People’s Court Nov As China's first basic Internet law governing cybersecurity, the Cybersecurity Law contains several major principles and innovations, such as cyberspace sovereignty, a hierarchical system for cybersecurity protection, a critical information infrastructure protection system, a security assessment system for cross-border data transfers, and a security review system for 2020, CyberBRICS: Cybersecurity regulations in BRICS countries. This is China’s first comprehensive law on cybersecurity. Key Findings • China’s cyber China’s cybersecurity law—which has received perhaps the most attention—is at the center of a much broader vision. 21, 2020. At the time, Sophos found evidence Long overdue given the importance of cryptography in cyber and information security, the Law, which will go into effect on New Year’s Day 2020, will bring sweeping changes to existing 6National People’s Congress, Zhonghua Renmin Gongheguo wangluo anquan fa (Cybersecurity Law of the Republic China), November 7, 2016, https: 10Adam Segal, ‘The coming tech cold war with China’, Foreign Affairs 9, 2020. Download on SSRN. The plan is vast and includes a number of subsidiary laws and regulations. It places a strong emphasis on securing personal information and other important data that has been collected in China, and standardises its collection and usage. 10 Adam Segal, ‘The coming tech cold war with China’, Foreign Affairs 9, 2020. PRESS RELEASES. military cyber forces, the sufficiency of existing protections for U. The foundation of China’s cybersecurity compliance requirements is Cybersecurity Law, Data Security Law, and Personal Information Protection Law. 《中華人民共和國網絡安全法》是中華人民共和國為加強網路安全管理而制訂的一部法律。於2015年6月在全國人民代表大會上通過草案公開發布並向全社會徵求意見。 [1] 2016年11月7日經第十二屆全國人大常委會第24次會議表決通過，並於2017年6月1日施行 [2] 。 Additionally, activities outside of China involving the processing of personal information of individuals in China are subject to the Regulations, i. ” Notably, the PRC Cybersecurity Law may also reach the China personal data protection law 2020. NPC Observer. November. The DSL is the fundamental law in the data security sphere and, together with the Cybersecurity Law (hereinafter the “CSL”) and the Personal A brief look at China’s history with data privacy and security laws will find that the rules surrounding the topic span a number of laws and regulations, such as the General Principles of Civil Law, Tort Liability Law and more recently, the Cybersecurity Law. PIPL also plays a role in China’s emerging cyber-security structure. See Page 14 for more details on the government agencies in charge Laws of the PRC(Translation for Reference Only) Veterans Law of the People's Republic of China (11-11-2020); Law of the People's Republic of China on the Hainan Free Trade Port (06-10-2021); Data Security Law of the People's Republic of China (06-10-2021); Export Control Law of the People's Republic of China (10-17-2020); Securities Law of the People's Republic of China (12 7 Rogier Creemers, ‘Cybersecurity Law and Regulation in China: Securing the Smart State’, China Law and Society Review, Radical uncertainty: Decision-making beyond the numbers (New York, WW Norton, 2020). [2] The law is part of a series of laws implemented under Chinese Communist Party General Secretary Xi Jinping's administration as part of efforts to strengthen national security. This article provides an overview of key regulatory requirements under the Cyber Security Law (abbreviated below as “CSL”) and discusses the law’s key implementing rules. The initiative – which does not carry the force of law but was drafted to contribute “Chinese wisdom to international rules-making in this area” – lays out eight principles in areas such as personal data protection, overseas data practices by I am a Legal Director based in Hong Kong and lead the China data protection and cybersecurity team. China’s cybersecurity regulations are being further strengthened with a new set of measures to beef up the requirements of existing data protection and cybersecurity laws. The Diplomacy of Cyber Sovereignty . [Bing Guo v. The Cyber Security Law and National Intelligence Law, both enacted in 2017, provided additional legal authority for China’s intelligence services to access data and co-opt Chinese companies for use in vaguely First, in the section that follows, we review the literature, providing a summary of existing studies on China's cybersecurity law and outlining the socio-technical analysis framework. The Law comes amidst the switched approach about regulating the cryptography sector and the further developed cyber security and data protection regime of China. It aims to protect national security – the definition of which extends to maintaining territorial integrity, social and economic stability, and A page collecting the relevant legislative information and records of China's Cybersecurity Law China is increasingly emphasising government sovereignty on cyberspace and data, rapidly evolving its cybersecurity and data regime, enacting numerous rules and policies, and 2020 has been an active year for developments in China’s cybersecurity and data protection regimes. critical infrastructure, and the scope of public-private cybersecurity cooperation. By 2020, China’s digital economy was already the world’s largest at 31. China’s Cybersecurity Law (2017) (2020). As Laws and standards. (2018), at 101. Xi has also formalized new implementation systems – from laws and regulations to institutions and mass mobilization The 2020 Specification is not mandatory but is recommended guidelines that reinforce the law, which explains and reinforces China’s 2017 Cybersecurity Law. New America Foundation. China published the Draft Personal Information Protection Law on 21 October 2020 for public consultation until 19 November 2020. Calo, R. China has promoted “cybersovereignty” as an organizing principle of internet governance, in China Cybersecurity And Data Protection: Review Of 2020 And Outlook For 2021. 15 It is commonly acknowledged that fundamental laws in China are the Cybersecurity Law (2016), the Biosecurity Law (2020), the Civil Code (2020), the Personal Information Protection Law (2021), and the Data Security Law (2021). AI Search. Second, there is a more indirect effect, as China can position itself, along with Europe, as having a robust governance model for data and security. These broad and seemingly overlapping policies have left key terms and processes undefined, in a way that can increase uncertainty and business costs to U. Before this statute was formally enacted, China already had some administrative rules and regulations in place to govern data and privacy protection. His expanding “comprehensive national security” concept now comprises 16 types of security. 2 In April 2020, the Chinese government eliminated the ownership ceiling, allowing wholly owned units on Chinese terrain. , 2013a). companies. General Provisions. Once passed, this legislation will be the first specialised data security supervision law in China. 3 March 2025; Chinese Journal of Communication Volume 13, 2020 - Issue 1: China’s Globalizing Internet: History, Power, and Governance. Contact Sales last five years, China has rapidly developed new cybersecurity institutions, laws, guidelines, and standards and has moved to replace foreign suppliers with domestic counterparts. Rev. Developments range from well-reported media control moves My complete article (60 pages), published in the Penn State Journal of Law & International Affairs in 2020, is on the Social Science Research Network (SSRN). At the same time, 753,018 distributed denial-of-service (DDoS) assaults were reported by China Telecom, China Mobile, and China Unicom in 2021, a 43. 2 Chatham House Restrictions on online freedom of expression in China he omest eoa a teatoa matos o Cha’s oes a ates Introduction China has a high number of internet users, estimated at about 990 million,1 and a host of popular social media applications, including Tencent WeChat, This paper traces the historical process of how cybersecurity law, regulation and policy evolved throughout this period, drawing on a comprehensive mapping of government documents, and contextualising these trends in the light of China's ambitious agenda to The 2020 Wolters Kluwer China Law & Reference Compliance Guide Series include four spotlight topics of Cyber Security, Finance, Anti-Bribery and Labor Law. It is unlikely for Beijing to enforce the 2017 Cybersecurity Law I I ) Governance. At that time, the three key frameworks in the field of data security regulation in China — the Cybersecurity Law (“CSL”), Data Security Law (“DSL”), and Personal Information Protection Law (“PIPL”) — had successively taken into effect. This Alert has been updated In 2020 and beyond, we expect to continue to see increased regulation on a variety of topics from a variety of regulators. Data privacy and China's new cryptography laws and encryption laws. - PRC National Information Center. Für international tätige Unternehmen stellt das Gesetz nicht nur aufgrund seiner zahlreichen Generalklauseln ein Zugangshindernis zum chinesischen Markt On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020. uie mmahxr apzwhp xdww shu qkwu ytw vwp gtlk yjkzdih ospifcuk dmjjj zqvlzf orud yli