china cybersecurity law summary

The law will carry with it the authority to impose fines up to approximately $145,000.00 per violation in addition to various administrative and criminal penalties. May.31.2017. July. By comprehensively deepening China's . In its explanation of the fundamentals of cybersecurity and the discussion of potential policy responses, this book will be a resource for policy makers, cybersecurity and IT professionals, and anyone who wants to understand threats to ... She focuses her practice on cybersecurity and privacy compliance and enforcement, as well as emerging technology issues. Significantly, the businesses affected by the Cybersecurity Law are not limited to those in the information technology (IT) industry. Naturally, under the pyramid’s tip, there come various supportive subdivisions of rules, methods, and guidelines so that the Law may be comprehensively understood and enforced. On June 10, 2021, the final version of Data Security Law ( DSL) of the People's Republic of China was published, and the DSL will take effect Sept. 1, 2021 . Found insideSummary of the HIPAA Privacy Rule. ... China's New Cybersecurity Law Takes Effect Today, and Many are Confused. The inherent consequence of this political and legal . On May 19, 2017, the Cyberspace Administration of China met to discuss revisions to implementing measures entitled Measures for the Security Assessment of Outbound Transmission of Personal Information and Critical Data (the Measures).3 While the cross-border transfer requirements originally only applied to CII operators, the Measures extended the requirement to apply to network operators. On the one hand, enterprises should develop their internal data security incident response strategies and . Post was not sent - check your email addresses! On May 13, 2019, China's State Administration for Market Regulation ("SAMR") released three core national standards related to the country's Cybersecurity Multi-level Protection Scheme ("MLPS"), describing technical and organizational controls that companies must follow when complying with MLPS-related obligations under the Cybersecurity Law ("CSL"). Leo previously served at a state level law enforcement authority for more than a decade, and provides legal and other advisory works at various academic research institutes in China. The network operator must also obtain data subjects’ consent except in emergencies (i.e., when the life or property of a data subject is in danger). On 10 June 2021, the 29th Session of the Standing Committee of the Thirteenth National People's Congress voted to adopt the Data Security Law of the People's Republic of China (hereinafter referred to as the "DSL"), which will take effect on 1 September 2021. China's Personal Information Protection Law (PIPL) comes into effect on November 1, and Data Matters offers an overview of what to expect. Implement measures to classify, back up, and encrypt data. The Article 29 actually converges with the Cybersecurity Law, the National Contingency Plan for Cyber Security Incidents issued by the Cyberspace Administration of China and the corresponding laws, regulations and specifications. Found inside – Page 405... E.U.'s General Data Protection Regulation and China's 2017 Cybersecurity Law.166 Additional polycentric measures with leaders, both public and private, ... Companies doing business with Chinese companies, or operating their own facilities in China, need to . On June 10, 2021, almost exactly three years after the passing of its Cybersecurity Law (CSL), the National People's Congress of China passed a new Data Security Law (DSL) (click here for an unofficial English translation of the DSL), which goes into . The new Data Security Law, together with the Cybersecurity Law (effective since June 1, 2017) and the Personal Information Protection Law (which is expected to . According to current law, enterprises are allowed to use VPN for internal work purposes, albeit under the condition that they purchase VPN services from licensed suppliers and that they file for a VPN usage record. Businesses operating in China should evaluate how the PRC Cybersecurity Law might impact their operations and amend their policies and procedures as necessary. Self-assessments generally suffice for this requirement and must consider, among other factors: Transfers of a large amount of data and transfers involving highly sensitive information (e.g., information related to nuclear facilities or national defense) require a government-administered security assessment. Found inside – Page 195The Cybersecurity Law imposes upon the network operators the legal ... In summary, in mobile payments, data controllers may include merchants, banks, ... It is not clear whether future implementing regulations will mandate data localization. Taking a closer look at the draft PIPL, it is easy to see many provisions in it are inspired by the EU General Data Protection Regulation. The Law also offers principle norms on certain issues that are not immediately urgent, but are of definite long-term importance. This blog is a service of Alston & Bird’s Privacy, Cyber & Data Strategy team and focuses on key data privacy and data security issues. 中文. The PRC Cybersecurity Law will require the implementation of administrative and technical security safeguards, restrict the cross-border transfer of personal information and “important data” collected through operations in China, and mandate the protection of personal information. The collection of personal data by enterprises during operations are widely debated. Products determined to be “Critical Network Equipment and Network Security Products” are required to go through testing by accredited evaluation centers prior to being marketed in China. In a recent press conference, the head engineer of MIIT Zhang Feng re-emphasized that the clean-up targets are limited to illegal enterprises, individuals operating without approval from authorities, and individuals operating without qualifications to operate international network services. Cyber Security Law . Found insideThis book provides a framework for assessing China's extensive cyber espionage efforts and multi-decade modernization of its military, not only identifying the "what" but also addressing the "why" behind China's focus on establishing ... If the transfer involves personal information, whether data subjects have consented to the transfer. This book discusses the legal and regulatory aspects of cybersecurity, examining the international, regional, and national regulatory responses to cybersecurity. China, which has some of the world's tightest Internet restrictions, has released a draft of a new cybersecurity law that authorizes broad powers to control the flow of online information. Cybersecurity Law defines network operators as network owners, managers, and network service providers. By Nick Marro. The PRC Personal Information Protection Law and its Regulatory Impact on Multinational Entities Sep 24, 2021 Jerry (Jianwei) Fang and Runyang Liu of Zhong Lun Law Firm introduce China's Personal Information Protection Law and explain a number of vital compliance considerations for multinational corporations If/when the PIPL passes, these three laws (PIPL, DSL and CSL) will formulate China’s comprehensive data privacy and security legal framework, which may come to be as impactful as other comprehensive data privacy and security legislation around the globe, including the GDPR. Many expect that there will be a more centralized and detailed definition over “personal data” to be formulated in the future. According to the Law, one key reference point of CII definition is to determine whether the possible damage, the loss of function, or data leaks of the related facilities of the enterprises would pose a significant threat over national security and public interests. Lulu speaks fluent English, French, Japanese and Chinese. June. These requirements do not apply to information that has been irreversibly de-identified. Lulu Xia is a business consultant with Grapevine Asia, primarily engaged in intelligence driven research projects for multinational clients. Found insideIn summary, the Cyber Security Law covers the following contents: • Encouragement of Development Cyber Security Technology: The government would encourage ... CII operators are subject to the same cybersecurity requirements applicable to network operators as outlined above. Article 3: The State persists in equally stressing the development of cybersecurity and informatization, and abides by . Network Operators, Critical Information Infrastructure Operators, and Providers of Network Products and Services. The PRC Cybersecurity Law imposes a range of cybersecurity obligations on “network operators,” which are defined as owners and administrators of networks and network service providers. It is important for companies to note the imprecision and . including the most recent legal, tax and accounting changes that affect your business. After assuming the responsibility and obligations of network operators, CII will have to fulfil more stringent obligations, such as establishing specialized cybersecurity management agencies, as well as conducting annual cybersecurity assessments. In August 2017, Recorded Future analyzed the security and risk implications for international companies of China's Cybersecurity Law, assessing that the law gave China's Ministry of State Security (MSS) sweeping new powers. The Cybersecurity Law was adopted on June 12, 2018 and will come into effect from January 1, 2019. Cybersecurity Law Is Broad and Language Is Vague. Found inside – Page 341Tania Branigan, “China Accuses U.S. of Online Warfare in Iran,” The Guardian, ... “First U.S.-China Law Enforcement and Cybersecurity Dialogue: Summary of ... Nevertheless, it is also worth pointing out that personal data collection is not limited to direct in-person collection, and also includes methods such as inter-enterprise collection. The goal is to identify China's direction, whether it transplants their rules, and the specificities that make China's approach different from Western models. The National People's Congress (NPC) of China adopted on August 20, 2021 the first Chinese comprehensive data protection law, the Personal Information Protection Law (PIPL), less than a year after the first draft of the law was published. Non-compliance with the DSL may subject companies to significant fines, which vary depending on the violation. The Result: Cybersecurity and personal information protection are expanding action . Keep a step ahead of your key competitors and benchmark against them. The ambiguous language used in China's cybersecurity laws leave companies and individuals ill-equipped to protect their information, while also creating space for government subjectivity in interpreting these laws. Law: Personal Information Protection Law (only available in Chinese here) ('PIPL') (Enforcement date of 1 November 2021) Regulator: The Cyberspace Administration of China ('the CAC'). China, US Discuss Law Enforcement Cooperation on Cybercrimes By Shannon Tiezzi A U.S. delegation is in Beijing to follow up on an cybersecurity agreement made during Xi Jinping's visit. RELATED: EU Data Processing Law May Affect Hong Kong from May 2018: Are You Ready? However, the definitions of these concepts have generally been one-size-fits-all and often vague . While cybersecurity challenges have long affected foreign companies operating in China and raised concerns about discriminatory treatment of foreign products—particularly China's recent push for "secure and controllable" technology —the beginnings of this trend can be traced to the early 1990s with China's adoption of the multi-level protection scheme (MLPS). This report discusses Congressional interest in how Internet use in the People's Republic of China (PRC) is tied to human rights concerns in several ways: as a U.S. policy tool for promoting rights in China; though use of the Internet ... To the extent it does, it will permit government access to data stored [and potentially to data transferred (such as data in motion) in the PRC. Therefore, large enterprises with critical importance in industries – such as energy, transportation, water conservancy, and finance – will very likely be defined as CII. Both organizations and individuals face penalties from various regulatory departments for violations of the PRC Cybersecurity Law, including warnings, suspensions, license revocations, and fines of up to RMB 1,000,000 (approximately $145,000), which have prescribed ranges based on the nature of the violation. This book provides the reader with the most up-to-date survey of the cyberspace security practices and processes . Receive email notifications when new posts are added. The Framework focuses on using business drivers to guide cybersecurity activities and considering cybersecurity risks as part of the organization's risk management processes. The “cybersecurity” in the Cybersecurity Law should be understood in the broad sense, which means it includes not only internet security, but also information security, communication security, computer security, automation, and control system security. Found insideTo support this need, the authors are donating the royalties received from the sale of this book to fund education and retraining programs focused on developing fusion skills for the age of artificial intelligence. Following the introduction of the Cybersecurity Law, multinational corporations began to attach more importance to VPN usage because authorities issued orders to “clean-up” VPN usage. Kim Peretti, Lance Taubin, and Emily Poole of Alston & Bird write: On June 10, 2021, almost exactly three years after the passing of its Cybersecurity Law (CSL), the National People's Congress of China passed a new Data Security Law (DSL) (click here for an unofficial English translation of the DSL), which goes into effect September 1, 2021. . Being said, the State persists in equally stressing the development of Cybersecurity data. And its rules and regulations attracted heated discussion since adoption on October 4, 2017, Attorney General B... 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