On the ninth episode of our Inside Privacy Audiocast, we peer through the looking glass at China’s approach to data protection and the latest developments in its emerging data protection and cybersecurity regime. Dan Cooper, Yan Luo and Zhijing Yu discuss the variety of legal instruments in China’s quickly-evolving data protection and cybersecurity regulatory landscape, and how these … Continue Reading
On December 2, 2020, China’s Ministry of Commerce (“MOFCOM”), State Cryptography Agency (“SCA”), and the General Administration of Customs (“Customs”) jointly issued three documents (here) related to import and export of commercial encryption items: List of Commercial Encryption Subject to Import Licensing Requirement (“Import List”); List of Commercial Encryption Subject to Export Control (“Export List”); … Continue Reading
On July 2, 2020, the Standing Committee of the National People’s Congress of China (“NPC”) released the draft Data Security Law (“Draft Law”) for public comment. The release of the Draft Law marks a step forward in establishing a regulatory framework for the protection of broadly defined “data security” in China, with a particular focus … Continue Reading
On May 11, 2020, the State Cryptography Administration (“SCA”) and the State Administration for Market Regulation jointly issued the Commercial Encryption Product Certification Catalogue (First Batch) (“Product Catalogue”) and the Commercial Encryption Product Certification Measures (“Certification Measures”) (the announcement is available here), taking effect immediately. Prior to the adoption of the Encryption Law (see … Continue Reading
On April 27, 2020, the Cyberspace Administration of China (“CAC”) and other eleven government agencies jointly released the final version of the Measures on Cybersecurity Review (“Measures”) (an official Chinese version of the Measures is available here). These Measures will take effect on June 1, 2020. Under Article 35 of China’s Cybersecurity Law (“CSL”), operators … Continue Reading
In December 2019, the People’s Bank of China (“PBOC”) issued the draft Measures for the Protection of Financial Consumers’ Rights and Interests for public comment (“draft Financial Consumer Measures”) (an official Chinese version is available here). Although the draft Financial Consumer Measures focus more broadly on consumer rights in the financial sectors, they imposes upon … Continue Reading
On November 20, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures for the Publication of Cybersecurity Threat Information (“Draft Measures”) for public comment. (An official Chinese version is available here). The comment period ends on December 19, 2019. The release of the Draft Measures marks an important step forward in implementing Article … Continue Reading
On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020. The Encryption Law significantly reshapes the regulatory landscape for commercial encryption, including foreign-made commercial encryption products, but leaves many questions to be answered in future implementing regulations. In this blog post, we provide a few highlights of … Continue Reading
On July 5, 2019, China’s Standing Committee of the National People’s Congress (NPC) published a new draft Encryption Law (“the draft Law”) for public comment. The draft Law, if enacted as drafted, would bring significant new changes to China’s commercial encryption regime. The State Cryptography Administration (“SCA”) previously issued an initial draft of this law … Continue Reading
On June 13, 2019, the Cyberspace Administration of China (“CAC”) issued the draft Measures on Security Assessment of the Cross-border Transfer of Personal Information (“Draft Measures”) for public comment. (The official Chinese version of the Draft Measures is available here, and an unofficial English translation is available here.) The comment period ends on July 13, … Continue Reading
On May 31, 2019, the Cyberspace Administration of China (“CAC”) released the draft Regulation on the Protection of Children’s Personal Information Online (“Draft Regulation”) for public comment. (An official Chinese version is available here and an unofficial English translation of the Draft Regulation is available here.) The comment period ends on June 30, 2019. As mentioned … Continue Reading
On May 28, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures for Data Security Management (“Draft Measures”) for public comment. (An official Chinese version of the Draft Measures is available here and an unofficial English translation is available here.) The comment period ends on June 28, 2019. The release of these Draft Measures demonstrates … Continue Reading
On May 24, 2019, the Cyberspace Administration of China (“CAC”) released the draft Measures on Cybersecurity Review (“Draft Measures”) for public comment. (An official Chinese version of the Draft Measures is available here and an unofficial English translation is available here). The comment period ends on June 24, 2019. The publication of these Draft Measures … Continue Reading
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”). These standards, which are commonly referred to as the “MLPS 2.0 … Continue Reading
On April 19, 2019, China’s Ministry of Public Security (“MPS”) released the final version of its Guideline for Internet Personal Information Security Protection (互联网个人信息安全保护指南) (the “Guideline”). A previous version of the Guideline was released for public comments on November 30, 2018. Under China’s Cybersecurity Law (the “CSL”), MPS is the key regulator tasked with protecting … Continue Reading
On March 15, 2019, the State Administration for Market Regulation and the Cyberspace Administration of China (“CAC”) jointly issued the Announcement on the Implementation of App Security Certification (the “Announcement”), creating a voluntary (but state-sanctioned) security certification scheme for mobile applications (“Security Certification Scheme”). Operators of mobile applications are encouraged to obtain this certification to … Continue Reading
