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Law

This category contains 11 posts

China’s Cybersecurity Law and Draft Implementation Rules

The law applies to all “network operators” and introduces cybersecurity mechanisms. On November 7, 2016, the Chinese government released a draft version of the Cybersecurity Law (CSL) that will govern China’s cyberspace effective June 1, 2017. The CSL declares the Chinese government’s sovereign authority over the construction, operation, maintenance, and usage of networks in China. […]

China’s new cybersecurity law amended before enforcement

Changes to the language of China’s new cybersecurity law, which will come into force on July 1, could implicate a wider range of products and services, and provide the government with access to foreign companies’ sensitive data and technologies. The law will necessitate many companies to store information within mainland China. Companies storing information via […]

China big data security whitepaper, UAV digital platform and draft cryptography Law

  China publishes draft measures regulating cross-border transfer of data The Cyberspace Administration of China (“CAC”) published the Draft Assessment Measures for Transferring Personal Data and Important Data to Overseas Countries (the “Draft”) on 11 April 2017 to solicit public opinions. Under the Draft, “Network Operators”, which are defined as the owners or administrators of […]

China Expands the Scope of the Data Localisation Requirement under its Cybersecurity Law

On 11 April 2017, the Cybersecurity Administration of China (CAC) released the draft Security Assessment Measures for Cross-Border Transfer of Personal Information and Important Data (“Draft Measures”). Draft measures and guidelines relating to the Cybersecurity Law (CSL) which was released in November last year, have been expected for a while. The hope has been that […]

Notice of the State Internet Information Office on “personal information and important data and exit safety

Notice of the State Internet Information Office on “personal information and important data and exit safety assessment approach (draft)” for public comment To protect personal information and important data security, safeguard cyberspace sovereignty and national security, public interests and promote the free flow of network information according to law and orderly, according to the “National […]

China’s New Guidance Further Restricts the Transfer of Digital Information

Beijing has published a bevy of laws, regulations, and policy statements over the past six months on cyber governance (here, here, and here). Together, they flesh out China’s concern for protecting its “cyberspace sovereignty” (网络空间主权) against foreign interference. Last Tuesday the Cyberspace Administration (a division of the State Council – China’s central executive body) added […]

China Cyber Sovereignty and Cross-Border Digital Trade

As the U.S. reexamines its trade policy, commentators following U.S.-China affairs have noted an important area that has not received as much attention as the bilateral trade in goods but may one day rival it:  the digital economy.  Although U.S. exports of information and communication technology-related services to China totaled $12.8 billion in 2015, e-commerce […]

Tech Giants Push Back Against China’s New Cyber Security Bill

Tech companies are pushing back against China’s controversial new cyber security bill that requires companies to share proprietary source code with Beijing. According to the Wall Street Journal, under the new regulations, China will require software companies, network-equipment manufacturers and other technology companies to disclose their source codes—the building blocks of computer programs—in order to […]

Microsoft, Intel, IBM Push Back on China Cybersecurity Rules

Tough new Chinese cybersecurity rules are providing a rare, behind-the-scenes look at a regulatory skirmish between U.S. technology companies and Beijing. China is moving to require software companies, network-equipment makers and other technology suppliers to disclose their proprietary source code, the core intellectual property running their software, to prove their products can’t be compromised by […]

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2016 Cybersecurity Law

 2016 Cybersecurity Law Title: 中华人民共和国网络安全法 Promulgating Entities: Standing Committee of the National People’s Congress Reference number: 主席令12届第53号 Promulgation Date: 2016-11-7 Expiration date: Link to Original Text in Chinese: http://www.npc.gov.cn/npc/xinwen/2016-11/07/content_2001605.htm   Chapter I: General Provisions Chapter II: Support and Promotion of Network Security Chapter III: Network Operations Security Section 1: General Provisions Section 2: Operations Security for […]