Two years on since the first draft, the final act of the legislative passage saga of the long-awaited People’s Republic of China Encryption Law ended with its passage on 26 October 2019. It will take effect on 1 January 2020. The final text of the Encryption Law clearly represents a step in the right direction in terms of putting in place a comprehensive law in the encryption field, a sensitive and highly regulated area which China closely associates with state secrecy, and which historically has caused foreign investors great confusion with its strange mix of legislation that said one thing and policies that said another.
On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security for public consultation. This Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces of legislations and standards, such as the Cyber Security Law, the E-Commerce Law, the Consumer Rights Protection Law as well as the Personal Information Security Specification, the most comprehensive yet non-binding national standard with respect to data protection. The Data Security Measures, once officially promulgated, will be the first binding administrative regulation in China to specifically and systematically set out explicit protection for personal data and important data collected and processed through the use of cyber technologies, following the effectiveness of the Cyber Security Law in 2017.
On December 29, 2017, the Standardization Administration of China, jointly with the PRC General Administration of Quality Supervision, Inspection and Quarantine, issued the Information Security Technology – Personal Information Security Specification, which officially came into effect on May 1, 2018. The Specification has, in very practical terms, become an important point of reference in evaluating the complex overlay of data protection compliance requirements found in the Cyber Security Law, the Law on the Protection of Consumer Rights and Interests, the e-Commerce Law and other enactments and measures.
On 19 May 2017, the Cyberspace Administration of China released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures. The draft emerged just over a week after public comments closed on the first draft of the measures. the Second Draft Export Review Measures do, to an extent, relax some of the more stringent requirements stated in the First Draft Export Review Measures and originally due to become law on 1 June, 2017 when China’s Cyber Security Law takes effect. However, the revised draft measures as set out in the Second Draft Export Review Measures still leave a significant compliance challenge for multi-national businesses operating in China . We explore the Second Draft Export Review Measures below.
On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures. Public comments are open through 11 May 2017.
On 4 February 2017, the Cyberspace Administration of China issued a draft of the Network Products and Services Security Review Measures for public comment: the Draft Measures remain open for comments until 4 March 2017. The Draft Measures are follow-on legislation to China’s Cyber Security Law adopted on 7 November 2016, which will take effect from 1 June 2017.
China’s Cyber Security Law, which will take effect from 1 June, 2017 was adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016. The net result is continued controversy coupled with a dose of uncertainty (never a good combination), with multi-national businesses in particular questioning the intent of the law and criticising its vagueness. The final draft contains a number of broadly-framed defined terms that are critical to its interpretation which continue to leave much to be resolved through detailed measures that may or may not follow, as a lack of clarity leaves room for interpretation. All in all, the direction of travel is towards a much more heavily regulated Chinese internet and technology sector, with an open question as to whether China’s cyber space will be integrated with the rest of the world in the coming years or will plough its own virtual furrow.
2014 was a very eventful year for data privacy regulation in Asia and there are reasons to believe that 2015 will represent a turning point for the region as established privacy regimes are toughened and new regimes enacted in recent years begin to mature. The past year saw a number of significant regulatory developments, in particular the implementation of new, comprehensive “European-style” privacy laws in Singapore and Malaysia, the amendment of China’s consumer protection law to include data privacy principles and increased financial penalties in South Korea.
A new law in China taking affect in March of this year will provide businesses with a clearer understanding of what types of information are protected as consumer personal information in China. This new definition will clarify companies’ obligations with respect to the use and processing of that information under other Chinese laws and regulations. A failure by businesses to recognise these new requirements can lead to onerous penalties including fines.
China’s Supreme People’s Court on November 21, 2013 issued a new regulation “Provisions on the Online Issuance of Judgment Documents by People’s Courts,” effective since January 1, 2014, requiring that all court judgements in China be published online in a searchable public database specially set up for that purpose.
On October 25, 2013, the Standing Committee of China’s National People’s Congress passed an amendment (“Amendment”) to the 1993 Law of Protection of Consumer Rights and Interests, which addresses longstanding issues related to e-commerce fraud and illegal disclosures of consumers’ personal information. The Amendment, which takes effect on March 15, 2014, reforms China’s 20-year-old consumer protection law by providing more robust protections to consumers, including provisions that restrict the collection, use, and disclosure of consumers’ personal information and require consent to send commercial communications.
On September 1, China’s Provisions on the Protection of the Personal Information of Telecommunications and Internet Users will come into force, affecting a wide range of consumer-facing websites, including corporate sites, product information sites, and social media pages. This post examines some of the requirements of the Provisions, and provides a link to a comprehensive Hogan Lovells Corporate Alert describing recent privacy-related legislative developments in China.
Although China does not have an omnibus privacy statute or framework, the Chinese government recently has released a number of new privacy guidelines and regulations. This blog posts discusses a number of those guidelines and regulations, including two draft rules: Provisions on the Protection of the Personal Information of Telecommunications, and Internet Users and the Provisions on Registration of the True Identity Information of Phone Users (“Provisions on Phone Users”).
On April 28, the Standing Committee of the National People’s Congress, China’s top legislature, issued draft amendments to the 1993 Law of Consumer Rights and Interests highlighting China’s new initiative to address longstanding issues related to e-commerce fraud and illegal disclosures of consumer information. The draft amendments, which were open for public comment until May 31, 2013, aim to reform China’s 20-year-old consumer protection law, with almost half of the clauses in the current law being amended to cover e-commerce.
With a population reaching billions, it is not a surprise that the number of internet users in China is drastically increasing. Such influx of Chinese “netizens” brings with it the importance for protection of online private information. As a result, in the last days of the 2012 calendar year, the Standing Committee of the National […]
March 15 marks the effective date of new privacy regulations issued on December 29, 2011 by the Ministry of Industry and Information Technology of the People’s Republic of China entitled Several Provisions on Regulation of the Order of Internet Information Service Market,. The new regulation defines the personal information protection requirements applicable to Internet Information Service Providers (“IISPs”), and IISPs is a broad category. This blog entry explains.
A Chinese court recently announced the sentencing of an individual for the crime of illegally obtaining the personal information of citizens. This is the first known case in China regarding the infringement of personal information security